For a business, service failures can be real dangers to your bottom line. One of the perennial problems of service agreements is that some work is done, and some isn't. Some is done shoddily, some isn't done at all, etc.
The service provider is bound by the terms of the agreement.
Just make sure you have your facts straight on those terms.
The actual problem is simple enough, it's fixing it that's the hard bit.
It's the right thing to do to complain first, before taking any other action.
The other party can say, rightly, that you didn't tell them there was a problem, if you don't.
You need to set out your complaint simply and clearly, so what's required to be done is obvious. Do not quote terms of the agreement, at this stage. Leave that to your lawyer, and hope you don't have to do that.
This example is a complaint to a paint contractor who the client says has failed to commence work. The client's letter avoids going into detail, but sets the stage for a follow up from the contractor to get things done. A formal paragraph has been inserted at the end of the letter to explain the client's position.
Order for Painting work required on Shops 25-40, Anywhere Shopping Mall.
I refer to the above works, which have not been commenced as at the date of this letter. Please note that under these works are required to be completed, and the premises fit for occupation, not later than 31st July, 2010, the date specified in the order.
Please note that shop fitting must commence on that date, as per terms of our contracts with the leaseholders.
Please advise the anticipated time of completion of these works.
It is noted that terms of our agreement with your firm for painting works include provision for penalties for failure to provide services in a timely manner. Failure to complete the above works in the specified time frame may incur legal action under those terms.
Please contact the writer directly should you require any further clarification of the situation.