Duplicate Contracts

Started by Jadedone4 • 3 replies • 1098 views

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Jadedone4 (Virginia)
Posts: 495

Posted:

Is it common for an MC to use a standard contract (theirs) for multiple vendors (seven)? I have reviewed the contracts, and the are all identical/standard formated, but have applicable T/C's which address the individual services that are to be performed. My thoughts were that if the association had multiple vendors, that each would have separate contracts which were the company's contracts and not a boilerplate agreement by the MC. From my experience, you issue duplicate contracts to sub's when you are the prime, and in this case this would make the MC the prime and not the association. Also, there are multiple contracts that were counter-signed at least 4-6 months later, from original signatures.

.... thinking that I should have take the "red" pill and not entered the HOA Matrix....

BradD2 (Florida)
Posts: 418

Posted:

From my experience, Management Companies like to say that they can leverage vendors that use regularly for you to get the best deal. However, what I saw happening was them only getting one quote for things and then not wanting to be too firm with a vendor because they used them elsewhere. The vendors used by last Management Company we had seemed to provide quotes at 30% to 60% more than when we went got our own quotes. They also didn't pay vendors other than their own within two months of completion.

It looks like what you are seeing is the Management Company looking out for its own best interest.

RogerB (Colorado)
Posts: 5,067

Posted:

With regard to contractors, unless it is an emergency we do not select the contractor the Board does. We provide a list of our approved contractors, develop RFPs, solicit bids and insurance, review and prepare them for the Board. Normally only the items which are required to be in a contract are standard. But the specific job requirements are always different. For example, you would never use the same contract for landscaping as for swimming pool management. The specifics are entirely different.

Jadedone4 (Virginia)
Posts: 495

Posted:

Brad/Roger, same general terms and conditions, same format for headers, outlined items (sections, sub-paragraphs, etc), but they used different fonts for each. Only differnces are the exhibits which are basically SOW's (statments of work). None are the original documents of the vendor, but boilerplates from the MC - they are the only "common denominator." Shame on me for having not noticed this sooner - as now we are facing a deadline, and I have to be the "bad guy" to the community and pull the all stop brake.

Contract in question, was signed last year, but not counter-signed by vendor until months later - counter-signature should be committed jointly and with "at or around" similar dates. Contract was signed by previous board last year, not presented by mc until I asked for when it was renewed, other questions, and then presented with a counter-signature that was after new board took office (yes vendor was approached by mc and they counter-signed a document that no current board member was aware of). Not sure how much of an argument I can make on validity of contract based on signatories (the delays in counter-signatures, and wheter or not the terms/conditions have change, etc). Still reviewing and will need to hire attorney for options... first course is to engage the vendor to renegogiate current ontract to one year (it was signed as three years, we are a three year limit state). Get two other quotes for mirrored services, and present to vendor as competition, and as leverage to get them to table.

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