There has always been a disparity between elevator maintenance contracts written by elevator manufacturers versus those written by building owner advocates such as consultants. Manufacturer-written documents tend to be very vague about the frequency of maintenance tasks and response time to malfunctions, for example. The latest maintenance contract to cross our desks promises the building owner “friendly communications”, but then goes on to limit the included troubleshooting to just one occasion per month. What if a lack of maintenance leads to more malfunctions than one? Presumably this will be an extra cost to the owner!
Maintenance contracts often rely on an “evergreen” clause that cause them to roll over for a five year contract term if they are not cancelled 90 days in advance of the end of term. This new contract we reviewed is even more limiting – cancellation by the owner can occur only in a single 30-day window once in that five-year term.