Stanley OranikaDirector Finance & Strategy| Virtus DeusF.C.T, Abuja, Nigeria
Recently, I was involved with the negotiating an agreement to erect a telecoms mast at a site on a family property.
Recently, after contract documents were signed and payment was made by lessor to lessee for use of 7 square meters, atop the hotel roof, for installation of said mast, it was noticed that instead of a single mast, the telecoms company had installed three poles at three different angles of the rooftop, and equipped them with transponders.
Now these expensive and painstaking installations have taken more than the 7 square meters initially talked about in the agreement as the tri stands span an approximate 20square meters.
What do you recommend as the best way forward? I am on the side of the lessor, but I realize that I had failed to ask for an image of the proposed finished installation. Saving Changes...
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Sergio Luis ConteHelping to create solutions for everyone| Worldwide based OrganizationsBuenos Aires, Argentina
Life is simple. Follow the project change management process. That´s all. Saving Changes...
Kimberley RomanerCEO| Possibilities AmplifiedNorth Augusta, Sc, United States
Regardless of whether you saw an image of the installation, they have overstepped the bounds of the agreement. They owe the lessor money. I would simply let the lessee know that they are using 20 square meters and therefore they need to pay for 20 square meters and send them the modified contract for signature along with a request for additional payment. Saving Changes...
It might be worth exploring other options with the lessor prior to approaching the lessee - for example, do they really need all three poles? Also, it is worth checking the contract to see if there were any exclusion clauses which might cover the additional footprint.
I'd also suggest a review of the design or contracting processes to avoid such a situation in the future as there are likely lessons to be learned.
