can you subcontract work you agree to perform February 14, 2019

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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can you subcontract work you agree to perform
February 14, 2019

can you subcontract work you agree to perform

Ken,
            I know section 18   RIGHT TO CONTRACT SPECIAL SERVICES of the STANDARD FIRE PROTECTION AGREEMENT  for SALES – INSPECTION-TESTING- SERVICE it says the buyer authorizes and permits us to subcontract any services.  However, I want to confirm when our company name appears throughout the document, it is implied the inspections/installation/services may be provided by our company and/or a subcontractor.
            For example, we subcontract sprinkler inspections/installation/service.  Therefore, in the fire sprinkler addendum, even though it says our company name will “inspect said installation(s)” is it implied this may not be done by us and it may be performed by a subcontractor?
Anonymous

Response

            All of the All in One forms permit you to subcontract services.  Even though your name is throughout the agreement you may subcontract the services, unless of course you modify the agreement and agree to perform the services without subcontracting.
            In the alarm contracts almost all alarm companies subcontract the monitoring to wholesale central stations.  If they're smart, they are using the central stations listed on The Alarm Exchange.  If nothing else most if not all of the listed monitoring centers will accept the Standard Forms in lieu of insisting on the central station's three party agreement.  Also, I may be instrumental resolving disputes with the monitoring centers on The Alarm Exchange.  They are all listed there because they want to be and participation on the forum, even limited to a listing on The Alarm Exchange, requires some cooperation and reasonableness.
            The question comes from the fire protection side.  Here the services include testing, inspection and repair of fire preventive devices.  But even so, you agree to provide the services and as long as you use qualified personnel, whether employee or subcontractor, you are in compliance with the contract.  As you point out, the contract has a provision permitting subcontractors, as does all of the All in One agreements.

going electronic
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Ken,
            I would like to start going paperless. In that, I would like to use one of the digital signature companies for signing of the contracts. I am evaluating Adobe and Eversign.  Anyone of these digital signing services you hear would stand up in court?
John
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Response
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            There are a number of electronic signature companies on The Alarm Exchange and a few very popular ones that aren't.  Nothing wrong with going electronic.  Be sure to use the Disclosure and Consent to Electronic Communication if you use electronic signatures with homeowners. Electronic signatures and contracts confirmed in writing, including electronic writing, will be enforced. I admit that I haven't been involved in a sale of alarm accounts where all the contracts were electronic. Not sure how the "bank attorneys" will deal with that.

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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
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com