Why can the dynamics between a valued client and its contracted Manned Security Company become a fraught and tricky relationship with many dangers and frustrations? The answer is in the underlying subtleties of the guarding contract which are not in tune with the wishes of the valued paying client. This problem can be easily identified when parts of the contract are not working to the client’s total satisfaction.
So how do we create a great Security Contract between the security contractor and the client? Firstly, it is essential to ensure a bond of trust develops between both parties where the honest truth is always told as a matter of fact and without any omissions. It is imperative both parties understand their obligations including the ways of protecting their interests and mitigating potential disputes.
To create a great contract both parties need to go to the basics of what the security contract is for. We may need to formulate, receive and/or discuss a specified clear scope of work
Define the site- specific tasks and responsibilities of the security contractor. This includes the project specifications, milestones, and deliverables.ie TUPE, KPI’s Mobilisation, Admin, and Health & Safety Uniform, Personnel employed
Outline the payment structure, including the total contract price, payment schedule overtime, Bank & Public Holidays, or special ad hoc events.
Clearly state the expected quality of work, materials to be used, and any relevant industry standards or regulations that must be adhered to. It is normal practice for a quality security company to hold the Security Industry Authority (SIA) Approved Contractor status as well as Quality system ISO9001 award
Include conditions under which either party can terminate the contract, as well as the process for doing so and any associated penalties or obligations.
Specify the process for resolving disputes, whether through mediation, arbitration, or litigation, and the governing law in case of legal action.
Specify whether the subcontractor can subcontract any portion of the work and under what conditions, as well as whether either party can assign their rights or obligations under the contract. As a matter of expediency, it should always be the case for the contracting security company to physically manage any allowed subcontracted staff as if they were their own. If that clause it not clearly made clear it could cause trouble in a dispute.
Finally, make sure the contract is signed by authorised representatives of both parties and that each party receives a copy for their records.
Specify the project timeline, including start and end dates, as well as deadlines for each phase of work. Include provisions for delays and how they will be managed.
Determine and agree the appropriate level of insurance requirements for the contractor, including liability insurance and staff’ compensation and who will bear responsibility for accidents or damages.
Clarify each party’s responsibility for indemnifying the other against claims, damages, or losses arising from the subcontractor’s work. In the case of very small damage claims it is ideal to come to a prior arrangement as to how the matter should be settled including accidents and injury to staff.
Protect sensitive information by including clauses that prohibit the subcontractor from disclosing proprietary or confidential information.
Outline how changes to the scope of work or contract terms will be handled, including any procedures for requesting changes and adjustments to the contract price or timeline.
Ensure that the subcontractor agrees to comply with all applicable laws, regulations, and licensing requirements relevant to the work being performed.
In Conclusion
By including these elements in your security contract, you can help establish a clear understanding of the expectations and obligations of both parties, reducing the likelihood of misunderstandings or disputes during the project. It is also a good idea to have the contract reviewed by legal counsel to ensure it adequately protects both parties’ interests and complies with relevant laws and regulations.
It is then down to respect and common courtesy of all the staff involved to run the contract to the benefit of the client making it a challenging and enjoyable venture for all.
The above blog about touches its core subject. Should you need to discuss the topic further please call us on 0344 800 6898 where you will be warmly welcomed