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can GC sign contract for temporary fire alarm monitoring
October 7, 2019
can GC sign contract for temporary fire alarm monitoring
            We have a General Contractor we are doing an apartment complex with. They are ready to final a couple of buildings with the Fire Marshal and the General Contractor wants us to temporarily monitor the fire systems so they can get their Certificate of Occupancy. My question is the GC wants to sign the contract for the temporary monitoring and not have the owner sign. Would this be okay as a temporary setup until the complex is complete or must we have the owner sign for the temporary monitoring?
            The owner uses a national alarm company exclusively for all their properties but for some reason they can’t seem to get these guys on site to setup their monitoring….not sure why. We have offered a proposal to monitor and inspect these properties through the GC but so far the owner has declined. Of course we are dealing with the GC and not direct with the owner of the buildings.
            Thank you for any input you can provide.
            You can enter into an agreement with the General Contractor for temporary alarm service, fire or burglary.  You need to use the proper contract, the All in One, either fire or security.  Be leery if asked to sign a GC's contract because it's going to have an indemnity provision that likely requires you to indemnify the GC and the Owner.
            Sounds like you have had nothing to do with this fire alarm system; all you are being asked is to monitor it, which probably includes some programming.  If obtaining the CO is involved you may also be asked to attend the inspection.  Who knows what questions your representative may be asked about the fire alarm.  It may not be worth all the effort and risk to monitor this system for a short period of time when you know you aren't going to get a monitoring, inspection and service agreement from the Owner.
            But, if you want the job make sure the GC signs your Fire All in Onelease or sale form will do.  No exceptions and no modification, other than the term of the agreement, which can run month to month.  
            This contract will create little if any equity value to your business, so make sure you make a good profit now.

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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