The Problem: “Boiler-Plate” Elevator Service Agreements
Elevator companies present a take-it-or-leave-it maintenance contract which exposes you to a tremendous amount of risk and liability—models identical to what you currently have executed. At first glance the pricing looks attractive, but read the fine print and a different picture emerges:
Hidden Pitfall | How It Hurts Owners |
---|---|
Automatic roll-overs | Miss a narrow 90-day notice window and you’re locked in for another three years—blocking competitive bids. |
Minimal regulatory language | Generic “follow local code” wording leaves YOU liable for Colorado’s strict conveyance rules, fines, and shutdowns. |
Vague scope & long exclusions | “Extra” billing for statutory tests, code upgrades, standby power checks, fire service, proprietary parts—you pay again for basics you thought were included. |
Low insurance limits & no bond | Typical $1 M coverage barely covers a single injury claim and provides no performance surety. |
No Maintenance Control Program (MCP) guarantee | Missing or outdated MCP logs can trigger an elevator shutdown in Colorado—even when you paid for “full service.” |
With the Division of Oil & Public Safety (OPS) poised to tighten 7 CCR 1101-8 on January 1, 2026—including electronic MCP uploads and faster enforcement timelines ops.colorado.gov—owners that stick with boiler-plate contracts face even higher regulatory risk.
The Solution: Argon’s Performance-Based VTPMA
Argon Elevator Consulting created the Vertical Transportation Preventive Maintenance Agreement (VTPMA) specifically to solve those owner-side pain points.
1. Built-In Colorado Compliance
- Named incorporation of Article 5.5, Title 9 C.R.S. & 7 CCR 1101-8—auto-updates when the code changes.
- Contractor must prepare, update, and store the MCP on-site and in OPS’s forthcoming electronic portal.
- 24-hour statutory accident reporting handled by the contractor, with fines and re-inspection costs on them.
2. Transparent Scope & Cost Control
- Code-minimum task schedule in the contract—no more “we didn’t quote that” surprises.
- Pre-set rate card for any true out-of-scope work.
- Consumer-Price-Index cap on annual fee adjustments.
- Uptime guarantee with liquidated-damage credits if availability drops below target.
3. Owner-Friendly Term & Exit
- Five-year initial term, then annual renewals (no multi-year auto-lock).
- 60-day convenience termination—only pay for services rendered.
- Immediate exit if contractor’s license or insurance lapses.
4. Superior Risk Transfer
- CGL $5 M + performance bond per C.R.S. § 9-5.5-115.
- Broad indemnity covering injuries, third-party claims, regulatory penalties, and MCP violations.
- Contractor absorbs costs to restore suspended Certificates of Operation after an incident.
What’s at Stake if You Don’t Switch
Scenario | Amity-style Contract | Argon VTPMA |
---|---|---|
Inspector finds MCP 30 days out of date | Ops issues deficiency > 45 days later elevator may be red-tagged. Owner pays fines + lost tenant revenue. | Contractor has 10-day cure; pays fines, updates MCP, indemnifies owner. |
Personal-injury incident | Owner files report. Contractor’s $1 M limit may not cover claim. | Contractor files report, carries $5 M coverage + indemnifies owner. |
Mid-term sale of building | Buyer insists on new service bid; owner must buy out 2½ years remaining fees. | Seller terminates with 60-day notice—no penalty. |
Take Action—Secure Your Elevators and Your Balance Sheet
Don’t wait until OPS’s 2026 rules expose the weaknesses in a standard elevator company contract. Upgrade to Argon’s VTPMA and lock in compliance, transparency, and true cost control today.
Ready for a safer, smarter agreement?
Call (303) 929-2390 or russ@argonconsulitng.com with an Argon vertical-transportation specialist.