KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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comment on contracting with the rich and famous / questions on Fire All in One
October 29, 2018
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comment on contracting with the rich and famous article on October 15, 2018
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Ken,
    Responding to your post about doing business with the Rich and Famous. If you can remember back to 1983 we turned over a collection case to your office for a client in Lido Beach, NY that just stopped paying after years of doing business with them. Your firm filed a law suit in Nassau County and receive a default judgement because the client didn't think we would pursue the matter to the end. Your office was able to levy the bank account of the wife at Citibank. 
    Well low and behold you office received a frantic phone call from the clients attorney demanding the release of the bank accounts that day and they even sent a limo to your office with the cash to clear the judgement and the fee to have an attorney from your office to be driven into Manhattan to the main office of Citibank to release the lien. That was all done and the two days later that same client was on the front page of ever major newspaper in the country. The client was Marc & Denise Rich and you lock his bank accounts just ahead of the U.S. Government filing charges for what was at the time the largest tax fraud in U.S. history. Marc Rich fled to Switzerland just hours before the government filing. In fact he put all the document the government was trying to get their hand on onto his yacht and had that yacht loaded onto a Swiss Air cargo plane at JFK which the government held on the runway at JFK for 2 days pending a hearing. As it turns out Mr. Rich knew someone high up in the Swiss government and the yacht and its contents were and classified as Swiss diplomatic documents and the U.S. Government lost the case and the plane took off. 
    The long and short of all of it was we with the help of your firm were the only ones to get paid from Marc Rich and the U.S. Government got nothing. So my philosophy is get a contract signed and enforce it when you need too.
    Thank you Ken for all the years of GREAT representation to me, my firm, and my family and friends.
Wayne 
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Response
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    Thank you. I remember that guy and there have been so many through the years. I'd mention them but it would probably read like a list of the top democratic donors, so I won't.
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questions on Fire All in One
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Ken
    I have a few Questions for the Fire All in One.
What is your Recommended way on Signing this Agreement for a new Job. Do I need to Sign the SCHEDULE OF EQUIPMENT AND SERVICES, STANDARD FIRE ALARM AGREEMENT, and ALL IN ONE CALL LIST, Before Starting The Job. Or the ALL IN ONE CALL LIST needs to be signed when starting the Monitoring which will probably be about 6 to 10 Months Later?
    On the SCHEDULE OF EQUIPMENT AND SERVICES, is the Total Only For the EQUIPMENT not including the Monitoring?
name withheld
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Response
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    The Fire All in One [and all the Standard Form Agreements, for that matter] should be signed by the subscriber and you BEFORE starting any work. Too often you won't get it signed after you start, and by then it may be too late.
    The Schedule of Equipment and Services is where you specify the equipment and services, and also provide for the installation charges and payment schedule. You can provide for the RMR items, though those items and charges are itemized on the first page of the Fire All in One
    If you are only doing installation then you won't be getting the Call List signed.
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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