KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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new management wont sign contract / and talking about lawyers
June 16,  2017
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new management wont sign contract
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 Ken:
    I just had a recent experience with a large building management firm that really dismayed me and I thought I would pass along to the group.  After many years (2002) of providing sprinkler supervision service the building was sold and the old management firm gave termination notice as professionally done. For over 6-weeks I attempted to obtain a new contract with the new management firm who appears never did have intent upon consummating a contract with my company since we charge more than “we normally pay $25.00 per month” mindset. In lamenting the situation with a friend he made the comment. "What would occur if there was any kind of ‘oops’ over the weekend?"   I looked at him and stated, we would not have insurance to “forget the coverage, it is the legal counsel that needs to be worried about being paid for!”.  He then put everything in perspective and stated, "I would be sure to get the heck out of there and save your company!" I gave them notice and service was terminated with notification we would be removing our equipment. Instead of losing time and sleep over this type of firm I am just moving on and acquiring agreements from people who appreciate good service.
    **OH, one of the comments the property manager made when I explained full service included the batteries – we just go down to Electronics Supply and get and install the batteries ourselves to save the service fees. THAT SCARED THE HECK OUT OF ME!! Non trained personnel working on life safety systems! I would love to be a fly on the wall in court with Jeffry Zwirn asking those questions he is known to have asked…..
    PS – now they will not allow us to remove our equipment and I quote:
    "Should Jade intentionally damage the existing fire alarm wiring, tampers, and other associated devices owned by the Landlord, xxxx as agent for owner will not pay outstanding invoices and will seek to recoup damages made to the site by Jade."
    So much for these management firms being ‘professional – since they are more concerned about the ‘saving’ of a few dollars than making sure a facility is properly monitored -……
Respectfully,
Joseph (Joe) Pfefer, President
Jade Alarm Co.
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Response
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    You were correct terminating service immediately if you didn't have a contract in place.  Not sure if you own the equipment you want to remove, and I'd like to recommend my good buddy Robert Kleinman,Esq., [Chairman of the Board and chief counsel to AFA Protective Systems].  This sounds right up his ally.  
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and talking about lawyers re article on June 6, 2017
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Ken,
    There is little need to point out all the jokes about slimy lawyers. Truth be known, slimy lawyers might have a real challenge from another profession, the alarm industry. The vast majority, like yourself, stay on the high road just as the vast majority of alarm companies do the same. I couldn't help, so it is my personal opinion, to think you might have received a comment from a company who has taken the low road and enjoys the view from below. Bean counters always consider the volume and rarely considers their customers.
RI
California
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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
516 747 6700
www.KirschenbaumEsq.com
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