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 ****************************** Can subcontractor work for unlicensed alarm co / ISC meetings April 10, 2024 ************************** Can subcontractor work for unlicensed alarm co ************************** Ken, I have a company from another state that is asking if we could install camera systems to their restaurant clients in Florida for them. This chain of restaurants is located throughout the U.S. They would provide us with the cameras, and NVR’s, and requested us to provide the wiring or put the new camera system on existing wires for them and hook everything up. We have an EF License and told this company that we believe that we would be in violation of hiring unlicensed contractor laws in Florida and could be fined and could possibly lose our license. This company would like to hire us as a sub-contractor. Can you review whether doing this for a company out of state and holds no license in Florida can jeopardize my license. We are one of your clients and use all your contracts for our business. Thanks so much for answering this. RKE ******************************* Response **************************** The question is, can an alarm company properly licensed accept a subcontract to install alarm system from an unlicensed alarm company. I think you can accept the subcontract. There are states where a central station commits a crime [as in violates a criminal law] by monitoring accounts for unlicensed alarm companies, so it might be prudent to check your specific state. But the licensed company is only doing what it is licensed to do; it certainly could have entered into a contract with the customer for the installation. It shouldn’t make a difference if the hiring party is an out of state contractor. I suppose the licensing agency could interpret this as aiding and abetting an unlicensed contractor engage in licensed activities. This might be more likely if the practice is pervasive, as opposed to a few chain restaurant installations, or if the out of state unlicensed contractor then contracts with the customers for monitoring and service, also licensed activities. But that is because the unlicensed contractor is now engaging in licensed activities directly with the customer. The unlicensed contractor in a foreign state could possibly be charged with unlicensed activity in the state by engaging subcontractors, but not as likely the subcontractor will be charge with unlicensed activities or aiding another. [last I heard there were 7 states that had laws criminalizing aiding and abetting unlicensed activity in the state - anyone wants to comment let us know]. A subcontractor needs to be mindful that no alarm/security work should be engaged in without a proper contract. Subcontractors rarely see the contract between the company hiring them and the customer, though almost all subcontracts state that such contract exists and is incorporated. You need contractual protection as a subcontractor so that you don’t get sued [and lose] whenever there is a loss on a system you installed. K&K offers the best contracts between alarm company and customer. K&K also has contracts between hiring company and subcontractor. In fact, if you look at the many contracts and forms available on the K&K website you will find every contract and form you will need to engage in the alarm, integration, security business with the best contractual protection available. ************************* Private and Group meeting schedule ********************************* Group Meetings: See schedule below. Last minute changes: call: Stacy Spector at 516 987 8428.
Private Meetings: Schedule a Private Meeting with Ken Kirschenbaum by calling Stacy Spector at 516 987 8428. Register for a Group Meeting by calling Stacy Spector at 516 987 8428 Schedule Private meeting with broker Rory Russell by calling Stacy Spector at 516 987 8428.
Group Meetings: Topics and Schedule Wednesday April 10. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
Wednesday April 10. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
Wednesday April 10. Group Meeting: 3:00 pm to 4:00 pm – Central station – dealer relationship; contract issues; understanding the dealer agreement terms and why you need the K&K Rider. Group meeting conducted by Ken Kirschenbaum.
Thursday April 11. Group Meeting: 10:00 am to 11:00 am - Insurance for your alarm business – best options; availability, pricing and claims. Group meeting conducted by Shawn Iverson of The Insurance Center.
Thursday April 11. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
Thursday April 11. Group Meeting: from 3:00 pm to 4:00 pm - The Corporate Transparency Act. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
Private Meetings with Rory Russell of AFS: Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Available times to meet with Rory Russell are as follows: Wednesday April 10 and Thursday April 11 between 7:30 am and 11:00 am and 12:30 pm and 4:00 pm. Contact Stacy Spector to schedule a private meeting with Rory. Call 516 987 8428 ALL TIMES ARE PACIFIC STANDARD TIME. Contact Stacy Spector, Esq. for all scheduling at Sspector@kirschenbaumesq.com or 516-987-8428. ************************* 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
