og_transfat
New Member
I am a new maintenance manager with a small company. There are existing service contracts for certain large pieces of equipment which cannot be serviced inhouse. There are a total of 4 contracts, representing four physical plant locations.
We are not happy with the contractor's performance. However, in reviewing the contracts we noticed a clause that reads:
"Either party may terminate this agreement at the end of the Fifth year or at the end of any subsequent Five year period by giving the other party at least ninety (90) days prior written notice." (sic)
The original contract was written in 1986, and was signed, on our part, by a person no longer employed here, from a management company that no longer manages this establishment. The original signator on their part was a representative of company that is no longer in business, and had been sold to the present contracting company.
I also note that of four contracts, two (on our copy, at least) do not bear the signature of the other party. Could it be argued that these two contracts are not properly executed (since no counter-signed copy was delivered to us), and thus are void? Or would the contracts be assumed to have been accepted and executed, because work has been done under the contract as if a contract existed?
Does the fact that the original entities no longer exist, or do not represent the principals, give grounds to terminate the contracts?
Is there any other means of terminating these contracts, short of paying 48 months payments, prior to 2011?
We are not happy with the contractor's performance. However, in reviewing the contracts we noticed a clause that reads:
"Either party may terminate this agreement at the end of the Fifth year or at the end of any subsequent Five year period by giving the other party at least ninety (90) days prior written notice." (sic)
The original contract was written in 1986, and was signed, on our part, by a person no longer employed here, from a management company that no longer manages this establishment. The original signator on their part was a representative of company that is no longer in business, and had been sold to the present contracting company.
I also note that of four contracts, two (on our copy, at least) do not bear the signature of the other party. Could it be argued that these two contracts are not properly executed (since no counter-signed copy was delivered to us), and thus are void? Or would the contracts be assumed to have been accepted and executed, because work has been done under the contract as if a contract existed?
Does the fact that the original entities no longer exist, or do not represent the principals, give grounds to terminate the contracts?
Is there any other means of terminating these contracts, short of paying 48 months payments, prior to 2011?