KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Residential job taking years to complete / Central station 2020 webinars

July 2, 2020
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Central Station* 2020 webinar series starts July 13, 2020.  K&K will be hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  
You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability
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  *  only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series: 
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AvantGuard Monitoring Centers - July 13, 2020
https://attendee.gotowebinar.com/register/678509033268733199
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UCC – United Central Control - July 14, 2020
https://attendee.gotowebinar.com/register/3503808614443052302
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Rapid Response - July 15, 2020
https://attendee.gotowebinar.com/register/2467263818567576075
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Dispatch Center - July 16, 2020
https://attendee.gotowebinar.com/register/5719660994972167691
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Statewide Central Station - July 17, 2020
https://attendee.gotowebinar.com/register/2654849298360793872 
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Affiliated Monitoring - July 20, 2020
https://attendee.gotowebinar.com/register/6582371903028819982
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Allstate Security Industries Inc – July 23, 2020
https://attendee.gotowebinar.com/register/7997485149440152333
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Residential job taking years to complete
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Ken,
            I have what I think is a unique situation. However it may not be. 
            About 10 years ago we contracted with a homeowner to install a sizable alarm system in his home that was being built. System size is about 157 zones so you can imagine how big the home is. A couple years into the project construction stopped due to the builder failing to properly build the home. Basically the home was sinking and the walls and floors were all getting pretty messed up. I’m not sure exactly what was going on I just know things stopped and the homeowner filed a lawsuit with the builder. 
            About 6 years ago construction slowly started again. Every year for 6 years the homeowner has told us that the home will be completed by Thanksgiving. So we’ve continued to work on the home as construction slowly moves along. We’ve documented all of our trips and the equipment we’ve installed. He’s paid us in full for our labor and equipment until this point. But it’s a constant battle to get paid. 
            At this point there are dozens of issues with the alarm system. I’m convinced that the home sinking has caused issues with the wiring and we will never figure out all of the issues. Rewiring isn’t an option. 
            The homeowner has told me he does not want to pay any more for or services. One example. They do not want to pay for the 4G upgrade since they’ve “never used the system” which isn’t true because we’ve been monitoring what’s installed for probably two years now. They also won’t agree to time and material to complete the work. This is obviously turned into something that’s well beyond the original scope. 
            My question for you is this. Can we walk away? I estimate it will cost us no less than $5,000 to complete it assuming everything goes as planned. History tells me that won’t happen. We’re extremely busy.  This homeowner calls us once a week and asks us to do something. I’m not interested in sinking more money into the project that may or may not ever be completed.
            Thoughts? 
John
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Response
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            The only thing that may be unusual is your patience with this subscriber.  This has been going on for over 6 years.  You did leave out an important fact, your contract obligations.  I can’t know your rights and remedies unless I know what you’ve contracted to do.  Even if you had a Residential All in One it sounds like you have departed from the contract provisions to accommodate this subscriber.  That’s bad; you’re lucky you are writing to be about wanting to terminate this subscriber instead of dealing with a massive claim because the alarm allegedly didn’t work.  
            I am sure we can find a way for you to terminate the subscriber, but I need to see the contract to offer any definitive advice.  
            I can tell you that the Residential All in One have a provision for delays caused by the subscriber with substantial monetary remedy.
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Central station 2020 webinars
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            You may have noticed, we are hosting webinars titled “Why use our central station?”   This can save you a trip to ISC, West or East, if it’s every held again.  
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and, with some pressing, what you can expect to pay.  The webinars are starting July 13 and the central stations are lining up to participate.  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:  https://www.kirschenbaumesq.com/page/alarm-webinars
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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