Dispute over who's paying for AHJ requested extras in residential alarm / New Webinars Announced - see below September 2, 2020
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KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Dispute over who's paying for AHJ requested extras in residential alarm / New Webinars Announced - see below September 2, 2020 ********************* Dispute over AHJ requested extras in residential alarm ********************** Ken Re: Residential application. We installed burglar alarm and smoke detectors. Installed smokes to architectural drawings approved by local building dept. At final walk through and Inspection with building dept. all work was approved although AHJ requested additional protection in all rooms (smoke detectors) on 1st floor given the size of the home and height of ceilings. Homeowner is holding me responsible for additional equipment saying I am at fault. Customer owes me a substantial amount of money; house is finished and painted. What should I do? Name withheld ******************* Response ******************** Let’s start with what you should have done. You should have had this subscriber sign a Residential All in One Agreement. You should have specified all of the equipment you were installing in the Schedule of Equipment and Services. You should have specified the number and placement of the smoke detectors. Had you done the above you could easily rely on the provision in the Residential All in One that provides that the subscriber is responsible to pay for additional equipment required by the fire AHJ. It would be helpful if you had written confirmation from the AHJ what was requested, and when it was requested. You do need to be careful how you specify your installation and services because you can cause confusion which could be interpreted as intended deception. How? It wouldn’t be a good idea to start your description of the scope of work with “fire alarm system to code”, or “whatever required by AHJ” or something similarly vague and open ended. Not only should you itemize the equipment to be installed but you should have known what the building code required, or may have required, and noted both in the contract Schedule of equipment and services and in the Disclaimer Notice, that the subscriber was not contracting for a “to code” fire alarm systems and only wanted limited devices. Then, when the AHJ required additional equipment there would be no question who was responsible for the cost. When contracts are confusing or open to interpretation the possibility of disputes increases. I haven’t seen your contract or how it was completed, if done correctly then the only thing you should have to do is point out to the subscriber the contract language which is very clear on this point. The Residential All in One also has an arbitration clause, so K&K's collection department can prosecute that proceeding and bring this matter to close, at least as to determination, in about 60 days. To proceed in that direction contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com and ask for the Commence Litigation package. ********************* WEBINAR SCHEDULE AND REGISTRATION ********************* Webinar Series: Financing for the alarm industry When: September 15, 2020 12 PM ET half hour presentation and then Q&A Topic Details: How to Use Lending to Grow Your Business - A general overview of how an alarm dealer can use lending to grow, such as making a acquisitions, buying out a partner, fueling organic growth, consolidating debt, etc. Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc 866-204-9350 ext 1200 www.alarmfunding.com Hosted by: Ken Kirschenbaum Who should attend: company owners and CFOs Register: https://attendee.gotowebinar.com/register/5986254083373814030 This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars ****************** Webinar Series: Financing for the alarm industry When: September 17, 2020 12 PM ET half hour presentation and then Q&A Topic Details: How to Finance an Acquisition - A more specific drill-down on this method of growing by purchasing the accounts of another alarm company Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc 866-204-9350 ext 1200 www.alarmfunding.com Hosted by: Ken Kirschenbaum Who should attend: company owners and CFOs Register: https://attendee.gotowebinar.com/register/4228983813536754190 This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars ********************** Webinar Series: Financing for the alarm industry When: September 22, 2020 12 PM ET half hour presentation and then Q&A Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc. Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc 866-204-9350 ext 1200 www.alarmfunding.com Hosted by: Ken Kirschenbaum Who should attend: company owners and CFOs Register: https://attendee.gotowebinar.com/register/3255545487536556558 This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars ********************* To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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