KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Consideration for neighborhood cameras system  
March 22, 2021
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Consideration for neighborhood cameras system
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Ken,
          A question came up regarding the need for consideration to form a contractual agreement.  We will be installing cameras on residential homes and businesses on behalf of the neighborhood security district.  The security district that has hired us to perform the project will be signing your contract. 
          But should we ask each homeowner/business owner to sign as well?  There will be no financial transaction between us and each owner of the installed sites.  Each of these sites are taxed by the state to be part of the special security district which is paying for the cameras.
Best regards,
Brian
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Response
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          Every contract has to be supported by consideration, but what constitutes consideration can be illusive, especially to a non-lawyer.  Money is not the only form of consideration.  Any benefit can be consideration.  Why would anyone sign a contract if getting no benefit, nothing, for it?  I won’t even try to come up with examples; suffice it to say that most situations will have some consideration to support the contract.
          But I’m not sure you asked the right question regarding your situation.  You are installing cameras intended for community watch.  Some of these cameras will be installed on private, not community, property.  You wonder, what does consideration does the private party get to support whatever contract you ask the private party to sign [though you didn’t mention any contract you intend to get the private parties to sign, and that’s what really caught my attention].  The private party’s consideration consists of added security for the community in general; that’s enough. 
          You are the one who need the contract from the private party.  You will be getting a contract [Commercial All in One] from the Neighborhood Security Group who is paying you [and you need the same contract even if you’re not getting paid for your community camera watch].  You also need a contract from the private parties because you will be entering upon their property and installing cameras; you need their permission.  Perhaps more importantly you need to get them to confirm that the cameras are your property, that they will permit the cameras to remain on the property until removed by you, that you are permitted to enter upon the property to perform repair service, that they acknowledge that the cameras are for community use and not intended to convey any special security to any particular property owner.  The agreement will have the usually protective provisions. 
          Especially if you are donating the equipment and service for the greater good of the community, and the anticipated good will of the community as well as the recognition it may bestow, remember, no good deed goes unpunished.  Use proper contracts.
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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