June 11, 2011
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Question
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Ken
A year ago we installed a security system in a condo with a five year contract. About midyear the owner decided to renovate the whole unit and the contractor removed the security system without notifying us. We bid on a new security system but didn't get the job.
We spoke to the contractor and said that the owner has a five- year monitoring contract with us. His reply was" but your system is gone."
Since the condo owner is still the same, can we enforce the monitoring contract?
Thank you for your advised.
Viktor Y
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Answer
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It sounds like you may have contributed to much confusion and possibly put the enforcement of the contract in question. I suspect that because you mention that you bid on a new installation. I am concerned that you didn't raise the issue of the outstanding monitoring contract until later when you didn't get the new installation. When you have a solid contract you should be careful to let your subscriber know that you intend to enforce it. If you do things inconsistent with that intention then it provides your subscriber with a defense should you later decide to litigate the contract. While you may still prevail at a trial, it offers the subscriber a plausible defense.
The removal of the security system does not relieve the subscriber of the monitoring contract, any more than the loss of all four tires would relieve someone who leases a car from making the payments.
You should pursue the subscriber for the monitoring contract since you didn't consent to removal of the system, or waiving the monitoring term.