Sniffing Out Bad Contracts

Episode 104

I’ve seen a lot in the cleaning industry, but few calls hit me like the one where a new client admitted to mopping up a basement awash with raw sewage. While we’ve now dealt with these issues for them, they admitted to doing this for two reasons that I hope to help you avoid.

1. Fear of Loss
2. Lack of Knowledge

In this case the cleaning-customer pointed to a vague clause in the agreement which approximately stated “and anything else that we ask you to do.” If you’re a janitorial company owner, pause here. That single sentence nearly drowned their business.

Contract Red Flags I Never Ignore

I tell clients: the most expensive words in any agreement are the vague ones. That “catch-all” clause seems harmless because of the assumptions. And it IS harmless, until a toilet backs up and you’re suddenly on the hook for hazardous waste cleanup at no additional cost.

Here’s what I look for:

• Insist on defining the project scope
• What’s included in routine janitorial?

What’s explicitly excluded?

Emergency events:

• Flood, sewage, biohazard—who handles, who pays, and at what rates?

Insurance requirements:

• What insurance is required for each task, and who carries it?

Authorization and escalation:

• Who has authority to request extra work, and what’s the process?
• Contract Scope vs. Hazardous Work

My clients panicked

The facility’s basement had several inches of water mixed with raw sewage. That included urine, feces, toilet paper—floating everywhere. Their customer insisted, “It’s your responsibility. It’s in the contract.” Terrified of losing the account, my client grabbed wet vacs and mop buckets and got to work.

That moment could cost them more than the entire contract is worth. Sewage cleanup is not routine janitorial. It’s hazardous waste remediation. It requires:

• Proper training and certifications
• Specific PPE and containment protocols
• Specialized equipment and disposal procedures
• The correct insurance coverage

Most janitorial policies do not cover biohazard or sewage cleanup. If mold or mildew develops later, you could be held responsible for damages. Worse, the tools you used may now be unusable—soft materials must be discarded, and even plastic equipment may need testing due to porosity and contamination.

Contract Course Correction: What I Told Them to Do

After the fact, I instructed them to:

• Contact their attorney immediately to review and redefine the contract language.
• Document the incident, their actions, and the customer’s directions.
• Exclude hazardous and restoration tasks from the janitorial scope—or price and structure them separately with appropriate insurance.
• Establish a protocol: if a biohazard or sewage event occurs, the client must call a licensed disaster restoration company.

Contract Courage: Don’t Speak First

I understand the fear: “If I don’t do it, I’ll be replaced.” But here’s a hard truth: the first one who speaks during a negotiation often loses. You don’t have to say “yes” to stay valuable—you have to stay “safe and compliant.” A clear scope protects both sides and preserves the relationship.

Contract Lessons I Live By

• If it’s hazardous, it’s not janitorial.
• If it’s vague, it’s dangerous.
• If it’s not insured, it’s a liability.
• If it’s urgent, follow protocol—not panic.

Before you sign, contact me. If you’ve been burned by a clause like this, call me faster. I’ll help you clean up the contract—so you don’t have to clean up the sewage.

This Week’s Podcast transcript can be downloaded here for free.