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Elizabeth Charbonneau
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229
07/29/20 at 11:42PM UTC
in
Management

Deal with contractor or supervisor?

I'm dealing with a contractor who is not performing per our contract. He is slower than promised with deliverables, his work is frequently subpar, and his communication is slow to non-existent. My suspicion is that he and his team have more work than they can handle. Earlier this month, work had to be re-done twice, which meant that a project that should have taken less than a week took two and a half. I've been trying to work with him directly to resolve issues, but after that incident, I called his supervisor. I got a response to from her two business days later, in the form of a call from the contractor, saying that his supervisor asked him to call me. She herself has never directly responded to me. What would you do at this point? Would you try again to resolve it with the contractor? Would you insist on speaking with the supervisor? FWIW, the contract is up in November, and is unlikely to be renewed by us.

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Anonymous
07/30/20 at 1:24AM UTC
Can you connect with someone above supervisor and asked for a replacement?
Kimberly Brecheen Barker
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12
07/30/20 at 1:20AM UTC
Always try to resolve with the contractor until you have no choice. If your written contract with them has a liquidated damages clause and project end date, the contract language prevails over common law and you should be able assess daily $$$ penalties against payment owed to the contractor. A certified letter to the contractor owner/manager providing a deadline for response and stating that you intend to pursue liquidated damages if response is not received by a specific date should do the trick. Make sure your owner/management are on board with this plan before you execute it.
Amy Fortney, PMP
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2.27k
Business Strategist & Fractional COO. Doer.
07/30/20 at 12:51AM UTC
I would not recommend that you suffer through four additional months with an unresponsive, sub-par company with poor management. By that time, you could work with an organization that takes your needs seriously and handles them professionally. Unless there are terms in the agreement that make it difficult, I would source for a replacement and give the underperformers notice.

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