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After installation subscriber demands that put you in breach /  Careful fronting for another company
November 14,  2019
After installation subscriber demands that put you in breach
            Recently, I had a request for work by a co-op board on one of their sites for a small amount of work. The job was to switch out an old burnt out security recorder for a new one, and to provide a camera in the closet where the recorder is being stored in with local sd card storage in the camera itself because they previously had an incident where someone broke into the closet and damaged the old recorder. The old cameras are, intact and working on the new recorder as well as the new camera addition in the storage closet. 
            My appointment was yesterday for 11am, and I received an email from my point of contact at 10:41am, 19 minutes before the start of the job.
            Unfortunately, I didn't actually read the email until the job was completed and the email stated that I needed to provide my Certificate of Insurance, workers comp, and fill out a W9 and Hold harmless agreement. I looked over the requirements they ask for, and one was 5 million dollar umbrella coverage of additionally insured.  Since I'm just not there yet in terms of the size of my company, I do not have that kind of insurance, and I can't provide that proof; only 1 million dollar coverage. So at this point, they aren't willing to pay because I didn't provide the proof of insurance that's deemed sufficient. 
            The point of this is, if they had provided me the list of requirements a week prior to the install date, when they made their appointment, I would have told them I don't have that amount of coverage, and that they should seek a larger company with their required coverage and not a small business on Home Advisor.  
            But this is a learning and growing experience and I'm now looking to you for the right contracts to have all my customers sign in the future, as well as advice on how to proceed with this Co-op issue.  And if you could offer some advice on additionally insured coverage for maintenance companies or co-op boards, as well as proper contracts that I should have when offering them my services. I appreciate all the help. Thank you.
C E 
            Hard lesson to learn and it should not have been necessary.  Read our daily emails and learn all you need to know about the law and how it affects the alarm industry.
            Your first and perhaps fatal mistake was doing any security work without a signed proper contract.  You get those at  No intrusion work, no camera work, no access control work, no fire work, no panic button work, no installation, no repair service, no inspection and no monitoring;  Period.
            Your co-op customer should have signed a Commercial All in One and it did we wouldn’t be having this discourse.  K&K’s collection department would already be going after them.  
            Because you don’t have a Standard Form Kirschenbaum Contract™ K&K won’t help you collect.  In this case I suggest Small Claims Court.  While the failure to have the proper insurance in place may be a problem, the fact that the insurance requirement was not part of the original “deal” and you never actually agreed to those terms, you may still prevail, especially in Small Claims Court, where anything goes most of the time.  
Careful fronting for another company
            I am a low voltage contractor in GA with your All-In-One residential and commercial agreements. I have a couple questions about a situation where I am the sub-subcontractor.
            Company A is subcontracting low voltage work to Company B.
Company B is installing the data cabling/network infrastructure and subcontracting the access control to my company.
Company A wants my company to bill them for the access control subscription services after the installation (RMR) and Company A will in turn bill the end users.
1. Should I have Company A sign a full new agreement on each job or use some sort of a rider?
2. Should I get anything signed from the end user?
            I don’t think it’s a good idea for you to be contracted by the contractor who then contracts with the end user.  For one thing, the contractor probably isn't licensed which is why it needs you.  Next, you would have to insist that the contract have a proper contract with the end user that protects you, since you won't have a direct contract with the end user, which would be preferable.

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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