Contracts as conversation starters

If you’ve ever hired a contractor, you know there’s something about a contract that makes it seem final. Maybe it’s the careful calculations, detailed specifications, or numerous terms and conditions. Regardless, there’s something about most contracts that make them seem like the end of the discussion. But I’m here to tell you that a contract is often only the beginning, and that assuming as much can make life much more negotiable.

A quick story to illustrate:

My sisters and I wanted to buy a snowplowing service for my parents for Christmas (don’t worry—they already know about the contract). Having contacted several companies for quotes, I received a contract that included a charge for each visit—and an increasingly large charge depending on the snowfall amount. That would be fine for a snowplowing service in Florida, but my parents live in a much snowier location, and my sisters and I only had a fixed amount of money to spend. So I requested protection against a huge bill in the form of another contract that charged a fixed amount. The snowplowing company obliged, but the fixed amount was high enough to make me worry about the possibility of a Florida-like year, in which case we would be vastly overpaying. So I requested one more revision to the contract—a rebate if the company did not have to visit much at all. The company again obliged, offering to waive a third of the cost if it didn’t happen to snow much. Overall, we got a great service that will take care of the lion’s share of the snow, but will also protect us against vastly over- or under-paying.

I relate this long and winding tale not because I think you’re particularly interested in snowplowing. I relate it because it illustrates how treating a contract as a conversation starter can often be the only way to get the kind of contract you need. And getting the contract you need is often the only way to make life negotiable. So the takeaway is simple: don’t take a contract’s calculations, specifications, or terms and conditions as an indication of finality. Take the contract as an opening gambit, in an ongoing discussion, about an agreement that makes everyone happy.

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