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What is the best strategy for correcting a client’s negative behavior toward consultant staff and the client’s unsubstantiated criticism of consultant’s services and deliverables under a long term co

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Henry Hattenrath Project Consultant| Tectonic Engineering MSA LLC New York, Ny, United States
A client with a long term professional services contract of consultants is routinely dis-respectful to consultant staff. The client has allowed the organization’s staff to routinely discredit the work of the consultants without the proper courtesy or complete information substantiating the criticism. The client continues to allow the behavior to create a work environment where the project participants find the consultant is solely accountable and liable for cost recovery on all work, including the project deliverables, and the direction and decisions made by the client.

The present strategy by the consultants has been re-active to cost recovery letters and to poor performance letters with no proactive action, strong correspondence or legal intervention.
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Henry Hattenrath Project Consultant| Tectonic Engineering MSA LLC New York, Ny, United States
Aug 05, 2018 10:19 PM
Replying to Eric Simms
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I have often seen this behavior in situations when the consultants' work is better than that of the client's staff, so the client organization tries to denigrate the consultants so it doesn't look bad by comparison. Do you think that's what happening in this case?
Eric

The client's key personnel may not have the expertise and experience that the consultant knows and offers about the technical subject matter as well as the culture and operational processes of the organization. This behavior could then be a defense mechanism.

Henry
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VASUDEV NARAYANAN Program Manager| Pentapolis Foundation Chennai, Tamil Nadu, India
Well, it depends on how the Contracts were established.
1. Did the Contract clearly identify the milestones (financial and delivery)?
1a. If so, are the Consultants aware about the milestones?

2. Did the Consultants follow the sign-off process? If so, the Consultants can arrange for a cost-recovery process. Otherwise, you would know the outcome.

3. Identifying a mediator who could help the Consultant can help and can be considered as the last straw. This means, the Consultant would need to baseline the activities performed and see if the quality of deliverable(s) are as per agreed terms. If so, chances are that the consultants can trigger cost-recovery process based on the milestones completed.
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Henry Hattenrath Project Consultant| Tectonic Engineering MSA LLC New York, Ny, United States
Aug 05, 2018 5:04 PM
Replying to Vivek Bhatia
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Cost recovery, meaning the client has asked for money back in written form?

If yes, this is a bad marriage. That would 100% have gone to the execs, CFO, and legal, so they know. Normally I'd agree with Kiron, having been in this exact position several times in my career (no money back request). But if the client is looking for refunds, time for one or both parties to sever the contract.

Once it hits "written request for refund" there's no coming back.
Vivek

Yes. Cost recovery in written Letters seeking costs for services and consequential cost from contractor changes. But like a bad marriage, there are many factors to consider before completing the final separation. Consultant executives will consider: A) Liability for remaining work and existing claims B) Quantity of FTEs that will be displaced. C) Backlog of work available for displaced FTEs. D) Contract requirements for termination for convenience/default.

Henry
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