Case 0209-002
Background: An existing Consultant client of mine was brought in by his own client (a public service / utility company) to try and get a project for supply and installation of an EPOS system which was being acquired from a third party software house back on track – the suppliers were making a bit of a mess of things, the software they had supplied wasn’t working, the suppliers seemed to be losing interest and trying to focus more on gaining tomorrow’s orders from elsewhere, rather than fulfilling yesterday’s orders - and the utility company had deadlines which it seems clear would not be met. This would have been disastrous.
Advice / Action: I considered the position and advised; a carefully worded letter was drafted to the suppliers, with the input of both my Consultant client, and the utility company’s MD, with the intention of spelling out the position clearly to the suppliers, letting them know exactly what the consequences of them failing to fulfil the contract would be, both for themselves and for their directors, and then (having boxed off their escape routes) setting out a possible way forward.
Result: As a result, reality seemed to dawn on them - the suppliers got back into action with renewed application to the task, devoted additional resources to the problems, and it now seems as though the project is back on track, and that the deadlines will after all be met.
Comment: Legal action is most situations is a last resort – it is expensive, drawn out, and uncertain in end result. Generally speaking, if you have to go to court for something, it’s because you’ve already failed to get what you want. There are times when a carefully worded letter, sent before things go too far, can work magic in getting a situation back in hand, and a little effort and expense by seeking advice and bringing us in early, when things begin to look as though they are going wrong, can avoid vast expense and disappointment a little further down the line. Acting and getting advice promptly is often very worthwhile.
© Roger Sinclair & Egos Ltd- roger@egos.co.uk 2002 - All rights reserved - see full copyright details
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