PK Management recently sent out a Survey requiring Contractors to submit a break down of the time spent on each and every property. This is specific to the HPIR and routine maintenance. On the Initial HPIR they want a break down of the time spent on trash out, cleaning and lawn maintenance. On the Routine they want a break down on time spent on the “wipe down” maid, lawn maintenance and “Inspection.” They additionally want break down of time with respect to Dry Winterization and “QC Inspection.”
I am deeply concerned about this trend. My opinion is that PK Management is first violating the capacity of Independent Contractor Status which I believe the Internal Revenue Service is going to take a very keen interest in as are the federal and state Departments of Labor. Nowhere in PK Management’s Contract; at least the Contract we were issued, did it state we had to release time metrics. Additionally, the amount of time that an Independent Contractor spends performing a given task is considered Confidential Work Product and Economic Proprietary Information. PK Management has no legal right to assess this kind of information, free of charge, of Independent Contractors. In my humble opinion, they are crossing the line between Independent Contractor and Employee.
In theory, if PK Management has access to this kind of information, they will be able to penalize Contractors if they so choose. They also IN ALL CAPITAL LETTERS require Contractors NOT include travel time. Finally, there is no compensation to Contractors for this Demand from PK Management. Their unfunded mandate, to collect private information, is both suspect and quite possibly illegal. PK Management’s history, in its application of the HUD 3.6, is seedy at best. It has always been our position that PK Management violates both the Prompt Pay Act and OMB 12-16. Is this perhaps an end run at bringing on PK Management’s own employees by using Contractor metrics as justification?
Our opinion is that no Contractor should participate in this survey! Period. Complaints should be filed with Craig Karnes, HUD, PCO Atlanta.
