When using a maintenance service agreement from an elevator company, it’s critical to ensure the contract protects the building—not just the elevator service provider. Here’s a comprehensive checklist of what to review, question, and negotiate:
Financial Terms & Cost Protections
· Escalation Clauses: Review how and when prices can increase. Ensure all escalations are reasonable and clearly defined.
· Labor Rates: Confirm standard labor and overtime rates are market-competitive and clearly identified in the agreement.
· Overtime Charges: Define what qualifies as overtime, when it applies, and what the rates are.
Code Compliance & Testing
· Required Testing: Confirm whether the Authority Having Jurisdiction (AHJ) and code required testing is included is outlined for your equipment—or if there’s a separate cost and what is it.
· Inspections: Make sure you know when these are to happen, the process and if your elevator service provider must be on-site for inspections, make sure that’s covered or the fee.
· Record Keeping: Code requires record retention. Ensure the elevator service provider will use your required means of elevator maintenance control program (MCP) record keeping to maintain compliant records for the AHJ.
Service Expectations & Performance
· Service Level Agreements (SLAs): Include clear SLAs such as:
o Hours of service
o Response time
o Maintenance Tasking
o Repair timeframes
o Uptime requirements
o Out-of-service protections
o Specific performance metrics based on your equipment
· Downtime Protections: Ensure there are clauses that protect the building if one or more elevators go out of service especially in multi-car banks or single elevator buildings.
Equipment Coverage & Risk Mitigation
· Equipment Scope: Confirm all equipment you own is covered under the agreement. Avoid gray areas.
· Obsolete Parts: Address obsolete equipment or parts. If you have any, include favorable terms to avoid costly surprises.
· Cure Clauses: Include a cure clause that allows the building to exit the contract if the provider fails to meet obligations after being notified.
Termination & Renewal Clauses
· Out Clauses: Review the exit process. Ensure the building can terminate the agreement with reasonable notice and under reasonable conditions.
· Auto-Renewal Language: Avoid automatic renewals that lock you in. Require written notice before renewal and flexibility in terms that favor the building.
· Termination for Cause or Convenience: Ensure the building retains the right to terminate for valid reasons or at designated intervals.
Extra Fees & Transparency
· Additional Costs: Ensure any potential additional fees (e.g., materials, travel, testing, inspections) are disclosed upfront and capped where possible.
Documentation & Ownership
· Record Management: Ensure the elevator service provider assists with or performs required documentation and allows you access to all records ideally within your system.
· Use of Building Systems: Require providers to utilize your building’s digital recordkeeping system if one exists. It is code that the building has an elevator maintenance control program. It is the buildings responsibility NOT the elevator service providers.
Bonus Protections You May Be Missing
· Insurance & Indemnity: Ensure proper insurance requirements and liability coverage are in place.
· Subcontractor Use: Know if subcontractors are allowed and under what terms.
· Response Protocols: Establish protocols for emergencies, entrapments, and high-priority service needs.
MOST IMPORTANT
Record Keeping & Contract Enforcement: This Is Where Most Buildings Fail
In the elevator industry, one truth holds across almost every building: providers are trusted to show up and do the work, but they are rarely held accountable for it. The assumption that your elevator service
provider is doing everything required simply because you’re paying them is not only wrong, it’s not happening, which we see throughout the country.
This Isn’t a “Common Mistake.” It’s the Norm.
Most buildings do not verify whether elevator companies are completing the maintenance they’re contracted to perform—and elevator companies count on that. Their service agreements are written to protect the elevator service companies, not you.
Personnel in buildings with elevators are tasked with managing so many things—whether it’s a commercial building, hospital, residential property, retailer, or campus—that tracking the elevator service provider is often neglected. This is exactly what ElevatorApp software is designed to help with.
Buildings should know:
· When the elevator service provider is on site
· Where they are working within the building
· What tasks they are completing during each visit
If you don’t review your contract thoroughly and implement a system to track and verify service, your building is likely:
· Paying for services not being performed
· Out of compliance with code and inspection requirements
· Exposed to legal liability and operational risk
· Unaware of developing issues until they cause a shutdown or emergency
· Performing unnecessary repairs
· Experiencing shortened equipment life cycles
A Contract Is Only As Good As Your Ability to Enforce It
You can have the most well-written contract in the world—but if you don’t enforce it, it’s worthless. You must actively ensure that the elevator service provider is:
· Showing up as scheduled
· Performing the maintenance tasks outlined in the contract
· Completing code-required tests
· Logging and documenting every visit appropriately
· Basically, taking care of your equipment
And if they’re not? You need documentation to prove it and to recover the money you’ve spent on unfulfilled service.
What You Must Do as the Building
Building owners and managers must take direct responsibility for all elevator service tracking and recordkeeping. This includes:
Maintaining a compliant Elevator Maintenance Control Program (MCP)
· Requiring the elevator company to document each visit in your system
· Verifying that maintenance tasks, testing, and repairs are actually completed
· Regularly reviewing service records and comparing them to the contract terms
· Following up immediately if a service visit is missed or improperly logged
You cannot rely on the elevator company to police itself. It is not the elevator service provider’s job to protect your building—it’s yours
Bottom line: If you’re not actively tracking your elevator service, you are almost certainly overpaying, under-serviced, and out of compliance. Trust is not a strategy. Verification is.
Elevator Frequently Asked Questions
Do I really need to review or negotiate the elevator service contract?
Yes. Most elevator maintenance agreements are written to protect the elevator company not the building. Reviewing and negotiating key terms helps ensure that your building is not overpaying, under-serviced, or exposed to unnecessary risk.
Isn’t it the elevator company’s job to keep records?
No. By code, recordkeeping is the building’s responsibility. The building must maintain a compliant Elevator Maintenance Control Program (MCP) and retain documentation to prove that all maintenance, repairs, upgrades, testing and inspections are occurring as required.
How can I tell if my elevator service provider is actually showing up?
Without a tracking system in place, you can’t. Most buildings don’t have a method to verify when a technician is on site, what tasks were completed, or whether required tests were performed. Tools like ElevatorApp can help track this automatically. Some buildings keep a manual log or check in with building personnel to track elevator services.
What if the elevator service provider doesn’t show up or skips work?
You are still paying for it—even if no work is done—unless you can prove otherwise. That’s why tracking and documentation are critical. Without proof, you have no way to hold the provider accountable or recover your costs.
What is an elevator cure clause and why does it matter? A cure clause gives the elevator company a chance to fix a failure or breach of contract. You should ensure this clause is written to favor the building, allowing you to terminate the contract if obligations are not met after proper notice.
What does a good Service Level Agreement (SLA) look like?
A strong SLA includes: hours of service, response time guarantees, uptime metrics, repair tasking, and penalties or options if those standards are not met. These protect the building from delayed or inconsistent service.
Why is an elevator contract auto-renewal language a risk?
Auto-renewal clauses can lock your building into long-term contracts without notice. Always review these clauses carefully and require written notice in advance of renewal to maintain flexibility.