Cleaning contract

W5RAY · 20 January 2020 at 12:27PM

We employ a commercial cleaning company to clean our office and building. Just before Christmas the cleaners completed their clean, went but left the main front door ajar and the building alarms off. Fortunately one of the directors came in to do some work a few hours later. Luckily there had been no issues with intruders. If our director hadn't come in the possibility of the unit being left open over the Christmas period was shocking. Our director sent a letter terminating the cleaning companies contract on the grounds of untrustworthiness. The cleaning company refute the immediate cancellation and require 12 weeks notice. This is in place but we would rather have them gone now. Are we within our right to terminate this contract immediately or are they correct and we have to wait the full 12 weeks. There is no issue with the cleaning per say just the issue of the door being left open and the alarm not set. Your advice will be most appreciated.

TBagpuss · 20 January 2020 at 1:15PM

It would depend on what the contract says. Are there any provisions relating to when or in what circumstances the notice period is not required, or where the company is entitled to terminate without notice?

(And your company can of course tell the cleaners not to come any more, even if they have to pay them for the notice period)

If your company had incurred any expenses, such as call out charges , for the alarms, they may be have been able to claim those back from the cleaning company.

nicechap · 20 January 2020 at 1:29PM

W5RAY wrote: »

We employ a commercial cleaning company to clean our office and building. Just before Christmas the cleaners completed their clean, went but left the main front door ajar and the building alarms off. Fortunately one of the directors came in to do some work a few hours later. Luckily there had been no issues with intruders. If our director hadn't come in the possibility of the unit being left open over the Christmas period was shocking. Our director sent a letter terminating the cleaning companies contract on the grounds of untrustworthiness. The cleaning company refute the immediate cancellation and require 12 weeks notice. This is in place but we would rather have them gone now. Are we within our right to terminate this contract immediately or are they correct and we have to wait the full 12 weeks. There is no issue with the cleaning per say just the issue of the door being left open and the alarm not set. Your advice will be most appreciated.

It does sound like potential grounds for terminating without notice, but as this is a commercial contract between 2 companies (not an employment contract) both of whom would (should) have taken independent legal advice before entering into the contract and so know the rights, duties and obligation of and to each other.

So your company needs to read through the entire contract looking at terms relating to termination or fundamental breach, dispute resolution etc etc. Its quite possible that despite the circumstances, your company may have to pay 12 weeks notice, but nothing stopping you from baring them from entering your premises and engaging a more trustworthy cleaning company whilst you argue with them.

Marcon · 20 January 2020 at 2:36PM

How much, in cash terms, is the value of the 12-week notice period?

Cleaning contract

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