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 ****************************** Will email suffice to confirm contract terms August 29, 2024 ************************* Will email suffice to confirm contract terms ************************* Ken We are getting ready to do a fire alarm inspection and test coordinated with the AHJ; the building managing agent we work with questioned the cost on and we have been going back and forth via email all week. We even said that if he wanted to get someone else to do the job we are fine with that and will be on site to explain to the inspector what happened and why the change of contractor to perform the test. While our price is high, I feel it is fair, but, I know other shops that will do it for a lot less and it will be the mechanics problem to make it work. It’s Friday morning and the test is scheduled for Monday; I sent him another email and said we need to know what he wants to do and get a signed agreement so we can complete setup and pretesting done today. The email came back with "I am out of the office at a seminar all day with limited access to email". It seems obvious that he will not be able to sign, scan and return the agreement. If he sends an email agreeing to the agreement will that suffice or do we need the actual signed agreement to be protected? Anon ***************************** Response ***************************** Your concerns are well founded and of course a signed contract is preferable. In fact, a signed contract for Inspection and Testing should have been signed long ago, and perhaps was, but this is apparently a “per call” relationship and you are correct to confirm the price before doing the work. So the question is can an email take the place of a signed contract. The answer is yes, though not without some clarification and parameters. The email approving the contract would need to be unequivocal in its approval; it would have to clearly indicate what was being approved. For example, you sent a proposal or actual contract [better] for signature; it’s attached to your email. You get back a new email, not a Reply, that simply says, “approved”, or “we approve” or something other than, “your proposal or contract dated …. Is approved”. If it’s a Reply email then “the attached is approved” is sufficient. So the email can be used to confirm execution of the agreement, and its enforcement, but must be clear. The All in One agreements have option for per call inspection and service. Certainly that needs to be in place; but with per call it would be prudent to confirm the scope of the work and the amount to be paid, before the work is done, not after. Avoiding disputes is the goal and this is the way to accomplish that. ************************ K&K Holiday Party - Save the date: December 12, 2024 ******************** STANDARD FORMS 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
