KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Alarm Co asked to sign subcontractor’s agr after job installed / ISC meetings – schedule your meeting now / Holiday Party 2024 - rsvp if attending
November 5, 2024
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Final days to schedule your free private meeting with KK at ISC East
No "last minute" meetings will be scheduled.
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    If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. Concierge Clients will have priority.
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Alarm Co asked to sign subcontractor’s agreement after job installed
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Ken
      How much would you charge to review a subcontractor agreement? We did this job for this contractor as a "rush job" they signed our All In One contract before the job was started. They sent us their agreement after we finished the job and now we are trying to get paid.
Please advise. Thanks 
Joey 
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Response
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          There are so many unanswered questions.  However this situation is fairly common.  Here you did the correct thing by getting your contract signed.  As far as I am concerned you don’t need to sign anything and you can enforce your contract; K&K’s collection department will be all over it once you send it to us. 
          I am of course leaving out a very important consideration, for you, not me.  Continued business from the Contractor.  I don’t know how insistent or serious the Contractor will be about getting its form signed.  You can be sure that the Subcontract agreement presented by the Contractor will be the antithesis of the provisions in your K&K Subcontract Agreement.  The fastest and least expensive way to handle this is you add the following to the Contractor’s Subcontract:
       The indemnity is limited to damage caused by Subcontract while on the premises and not equipment or alarm/security/fire alarm services; indemnity is limited to Subcontractor’s insurance coverage.
       To the extent that the terms of this agreement [the Contractor’s agr] and the Alarm Co’s agreement dated ….. are inconsistent the terms of the Alarm Co’s agr shall govern.
      If you are a Concierge Client then the review of the Contractor’s Agreement can be reviewed as part of the free monthly half hour for contract review.  It won’t take more time that that because I will be identifying the places in the contract to insert the proper language for the above recommendation [the working will be “friendly” legalize].        Getting it signed with the changes it your job unless you get me involved with negotiations.
       If the Contractor is not interested in negotiation its contract, you then need to decide.  If the subcontract is limited to installation I would likely approve it – I do have to read it to make sure it doesn’t put you too much at risk], but if it’s for any after-installation services [monitoring, service inspection] I am not going to approve it, and then you need to decide if you want to assume the risks since you will be giving up the protection in the K&K Standard Form Agreements.
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Holiday Party 2024 – this is your invitation - rsvp if attending
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          The K&K Holiday Party will be on December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM.  You’re invited, but you do need to RSVP before December 1, 2024 so we can properly plan.  Format is casual dress, cocktails and plenty of pass-around hors d'oeuvres; you won’t leave hungry.  Please send your RSVP to Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Amy Laveglia at 516 747 6700 x 313 or ALaveglia@Kirschenbaumesq.com.
          Come see old and meet new friends at this social event.  Looking forward to seeing you at the party.
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements
 click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com