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 whitelist ken@kirschenbaumesq.com ****************************** Town ignoring fire alarm deficiencies January 26, 2023 ********************* Town ignoring fire alarm deficiencies ********************* Ken, We use the Fire All in One agreement for fire alarm monitoring and testing. We have a local township that we do fire alarm monitoring and testing for and they require a purchase order before we can do any work including testing. This means that we need to contact the maintenance man there and request a PO number or they won't pay for anything. We service three of their buildings. We find that various departments in this township pass the responsibility of getting the PO numbers off to someone else in another department where it just sits on someone desk for weeks at a time without any approval. Phone calls to them go unanswered or returned. We have a good relationship with the maintenance man and the fire department AHJ there but, they say it is out of their hands. All they can do is email them the request and wait. We just raised our monitoring pricing 9% that the contract allows for but would rather not have the accounts with them anymore. When they need a repair or a service call performed for a fault, it is the same deal but, sometimes those PO request are approved within a few weeks. There is a great deal of politics involved within this township and I feel that we are being used as a battering ram between various departments as to what needs to be done versus what they want to or feel like approving. Since the township is the AHJ it does not carry much weight if we say we will notify the fire department of a system that is noncompliant. They are in control of the AHJ. Is there anything in the fire alarm All in One contract that the administrator signed that we can use to convince them to get their systems into compliance?? We service four other townships in the same state and do not have anywhere near the problems as we do with this one. Anon please ************************ Response ************************ You want to get the town [customer] to pay in accordance with the Fire All in One agreement it signed. Instead you’re being bounced around and aggravated. What you didn’t mention is whether you eventually get paid. If you do, and you want the relationship and work, you will have to put up with the late payment. As far as getting the customer to comply with required repairs I suggest you send a letter to the Town informing them of the deficiencies and what needs to be done to repair the situation. That letter, or letters, will end up in the Town records and sooner or later someone will be smart enough to realize you have put the Town on notice of required repairs, opening the door to massive liability in the event of a loss. Be sure to copy the Town attorney and Mayor as well as the building department or whichever department signed the contract. If the problem is payment your choice is to terminate the contract or continue to bill the town and wait for payment, possibly going after it in collection eventually. ************************ To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** To order up to date Standard 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
