Chairman's Corner - 2025 Tower Times Volume 4

Over the last 30 years our industry has evolved. Some of these changes have been for the better and some have been for the worse, if you are a contractor or supplier. Many of our customers have evolved from a construction company mindset of building out the networks, to what is now an operating company style of management as the networks and infrastructure matures.

Many years ago, work was mostly relationship built, with the higher skilled companies having an advantage to complete large portions of the work, typically in local or regional markets.

The regions had managers who knew what it would take to get the jobs done and managed accordingly.

That has now changed to out-ofmarket or out-of-country purchasing departments that dictate pricing and contracts on a nationwide basis. Anyone that has knowledge of working around the country understands that material, lodging, supplies, labor, and cost of living change drastically throughout the country and implying that one price fits all just lacks basic understanding.

The same applies to contracts and MSA’s. Over time they have become more one-sided. We have all heard the phrase, “Well, everyone else signed it.” It is important to understand the wording in the contracts and the exposure that you are insuring against. When contracts have wording that makes you responsible for “any and all,” or “regardless of negligence,” phrases, you need to be aware that all risk, regardless of who may be negligent, is now in your court.

Other phrases that have been frequent in recent contracts are:

? Limiting liability exposure to the value of the purchase order.

? Indemnity exhaustion, which means you personally are responsible beyond the limits of your policy.

? You acknowledge that you will sign up for any third-party vendor they may require. This is without definition of who or how much it will cost.

Each of us manages our own companies in ways that we feel best and have our own tolerance for risks and rewards of each agreement and the value of that customer.

I am not offering legal advice, but please take the time to read these agreements and ask questions.

Victor Drouin is the Chairman of NATE and President of Green Mountain Communications, Inc. in Pembroke, New Hampshire. He can be reached at 603-717-7117.