What does a virgin, a prostitute, marriage and co-wives have to do with Contracts? This week, I have been in a series of meetings whose agendas culminated in drafting or reviewing contractual terms.
We have a customer whose legal department has been plainly un co-operative. Actually this year I have interacted with a lot of them. They delay responding to emails, they work at a snails pace, only to show up to a meeting, unknowledgeable, unwilling to learn and condescending. In the guise of protecting their clients, such advocates sour the whole pot. They are akin to that green part of the chicken, though part of the whole, has to be keenly removed otherwise the whole chicken tastes bitter.
We had prompted this particular contract renewal 3 months before the existing contract lapsed. We further retained the same pre-agreed terms for ease in closing and freeing up my much needed time to attend to other things. Little did I know that Betty had just been admitted to the bar and was about to come flex her incompetence. Not only did she fail to respond in due time but when we issued an ultimatum, threatening to terminate the lease altogether for non adherence to renewal timelines, she quickly reviewed it adding “good to have clauses” clearly not understanding the relationship between us and her clients. I have since the meeting cut her some slack because in ten years, she will either be living off the skills she has grown or the excuses perfected; shalom.
In my afternoon meeting, one of the attendees suggested that we need to have a reward and penalty system for our service providers. We listened keenly to the suggestion and thought it could be the incentive to improve service delivery after the contract is awarded. “I disagree” came a loud unflinching voice. Guys this service provider is a virgin to our operations. They need at least 3 months to be well acquainted and at that point we can give them pointers where necessary but we can only judge their performance in the subsequent three months.
“I hear your suggestion on rewards and penalties, but we need to know whether we are establishing a marriage with our service providers or we have a prostitute in them.” This statement caught the attention of the room and even the attendees who were slowly drifting to sleep became alert. “A prostitute does the job but you need to pay for each service. Further, you can only call a prostitute when you have money, no money no services so each time you must be willing to pay”. “In a marriage on the other hand, we have to enter into the relationship understanding what need is paramount for each party and fulfilling that need. At times you ask for help, at times you fall short, at times you want them to go an extra mile and only a marriage can get you this.”
We have many similar properties which require similar services that we give different service providers. If one performs better than the other, we give the performing one more contracts and reduce the contracts awarded to the underperforming one, quality control. At no time should we have different service providers offering the same service on a single block or blocks in close proximity, those are co-wives and we will be inviting trouble upon ourselves.
I cannot remember why I was hesitant to publish this in August when I wrote it but reading it now, I think it is good material for consumption. Betty still has more to learn as at my latest interaction with her. I hope I always recognize my client’s interests and act accordingly so as not to jeopardize their business transactions. I also hope I never ran out of patience to wait for my clients to instruct me and even in circumstances when I think I know what would be best, I should always differ to what they actually want and lastly, that I always recognize who has the upper hand in a transaction and find a way to tilt the scale and if the odds are not in my favour, I hope that I will be wise enough to recognize that.



