It never ceases to amaze me that professional BSC’s will complain to me about a customer expecting them to fulfill the contract they signed.  Their complaints are “but she agreed to….” Or “we never did it that way before….”  

When I ask them what does the specifications and the signed agreement stipulate, they look dumbfounded since either they have never read it completely or they never planned on fulfilling it once signed.

There are different scenarios that can cause this misunderstanding.  During the original negotiations, all parties may have discussed changes in the specifications or the contract but never got around to making modifications to reflect those changes.  One person may think they had agreement when actually the other party just wanted to finish the discussion and move on to the next project.  

Many times everyone is earnest and honest but failed to follow through on a very important aspect of negotiations.  The temptation is to get the contract signed and worry about the details later.  Unfortunately when later comes it may be too late to back out or negotiate changes that should have been discussed prior to signing.  

Another wrench in the machinery is when one person negotiates the contract and another person has to enforce it without knowledge of any discussions or understandings between the stakeholders.  They have to abide by the written contract since that is all they have to work with.

The point I am trying to make is simple:  Get it in writing that is clear and reasonable.  Do not hope that you can make changes after the fact.  That is a gamble that can result in a lose/lose outcome. 

Your comments and questions are always welcome. I hope to hear from you soon. Until then, keep it clean...

 

Mickey Crowe has been involved in the industry for over 35 years. He is a trainer, speaker and consultant. You can reach Mickey at 678.314.2171 or CTCG50@comcast.net.


posted on 4/15/2014