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Advice re no contract
October 11, 2019
Notice:  New K&K Concierge Program perk.  Concierge clients will be credited half hour each month for subscriber contract review.  This credit does not carry over to next month; it’s $250 value each month.  Use it or lose it.  This perk adds up to $3000 value to the Concierge Program.  To learn more and sign up for the Concierge Program click here:
Webinar notice
Title:    Subcontractor v Employee and Consequences of Misclassification
When:  October 17, 2019 12-1 PM EST
Who Should Attend: Alarm owners, managers and CFOs
Presenter: Michael Foster, Esq. and Ken Kirschenbaum, Esq.
More information: Proper classification and consequences of misclassification of independent contractors and employee s; 1099 v W2; California's new law and how it impacts other states.
Register here:
Advice re no contract
            What advise can you give in signing no alarm contract?
            The best and clearest advice has to be:  Do not do any security or fire alarm work without a properly written contract.
            The only thing worse than “no contract” is a poorly drafted contract or a subscriber’s contract that has none of the essential provisions found in an alarm contract.
            You need a properly written contract to have all the contractual protection you get only by using a contract with those provisions. And remember, when I state “protective provisions’, those provisions can be written only one of two ways:  either the provision is clear and will be enforced, or it is written in such a way it will not provide the intended protection or won’t be enforced.  
            With no contract you will be facing uncertain contract terms because you and the subscriber may have different versions of the deal.  You will be held to the “reasonable man” standard when your liability is being assessed.  Your damages will not be limited.  
            Your relationship with the subscriber will have no re-sale value when you sell your accounts or business.  
            No job is worth the risk of you proceeding without a contract unless it’s your only subscriber and you have no other assets or business to lose.  
            Except in the most unusual circumstances, pass on any deal if you can’t get a proper contract.

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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