KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Changes in design, scope of alarm system during installation
August 6, 2024
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Changes in design, scope of alarm system during installation
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Ken
I have a situation I need your input on.
I have a residential contract signed in 2021. All was going well, until the customer had changes to the interior of the residence. The biggest challenge is the location of the alarm control panel, and some of the openings on the residence. The location of the control panel was predetermined and the customer agreed, and the same area would have the DVR for camera's. The huge challenge is, he changed our verbally agreed to lay out of the room ref. location of monitor, and the table for the DVR. He also installed a marble shelf below the alarm control, and closets to the right side of the control panel.
The issue is, I would not be able to continue work on the control panel unless standing on a 4ft ladder, leaning dangerously to my right. Also, due to other changes now wireless devices need to be added, and the wireless receiver would need to be added at the control panel, again not physically possible.
I sent him a invoice for completion of the system as it was originally designed. He has not paid. I have the keypads, which I was not able to install due to painting the entire interior, again. He continues to have marble inlays added to the flooring, which only affects where you walk.
I have no employee's. I have always used sub-contractors to assist me for 40 years. My last sub-contractor retired this year. I am 75 years old, with ageing that comes with other issues with the legs, and feet. My question is, because of the danger to my person attempting to complete installation, can I terminate the job for safety sake?
Lots of other challenges, but this is the biggest issue. Any input greatly appreciated.
Tim
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Response
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I’m not sure where to start, but here goes. Here are a bunch of issues:
· I don’t know what contract you have with this customer. You don’t mention if it’s a Kirschenbaum Contract; it should be a Residential All in One.
· I don’t know if you have a design plan with specifications. This is a problem and I suspect that this step is skipped by many alarm companies, except for commercial fire which have filed plans and specifications. Here you undoubtedly did a survey of the premises, determined equipment and pricing, and now changes are being made by the homeowner. The Residential All in One would permit change in scope of work and pricing, but even that assumes you can establish what the site looked like during your survey and how it changed either before or during installation.
· I agree you probably don’t belong on a ladder; you also shouldn’t be doing installation. You have no employees and perhaps now is the time to hire one or more, if the business warrants the additional staffing; if not, might be time for retiring.
· I don’t know if you have RMR accounts to sell. Selling and staying on for sales or management is often an option. If you have no RMR then unfortunately I don’t know what you have to sell.
· You’re not a Concierge Client so your question did not receive a private response; I don’t know if it was intended for the forum but it does raise issues that are, unfortunately, too common among alarm dealers. It doesn’t appear that you’ve followed best practices; I don’t think you’d be in the bind you’re in if you had.
As far as terminating the job you really don’t have an option; for health reasons you have to terminate. You can’t do the work. The next question is, will the customer try holding you to the contract and sue you if the job costs more than your contract price for the same work. Since the scope of the job has changes at the request of the customer it’s likely you can terminate since you won’t be able to agree on Change Order pricing, which in your case might entail engaging subcontractors to finish the job. Also, if the homeowner made construction changes which prevents the originally designed system from going in and significantly increases the difficulty of the work or makes the original plan impossible, that too would give you an out.
These issues would be covered in the Residential All in One.
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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
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