KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Drafting contractual limitation of time to bring lawsuit
July 31, 2026
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Comment on Drafting contractual limitation of time to bring lawsuit from article on July 15, 2026
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Ken,
This may seem like a miniscule point to many readers, but that thought couldn't be farther from the truth for claim defense.
You were correct in stating that the access to the facts, the location of the loss, the control and its stored memory, witnesses and the last person to operate the system, plus others, is essential to any defense. The longer each of these items are in the wind increases the risk of losing essential facts to clear the alarm company or even the central station.
But what the vast majority of the readers here don't know or fully appreciate is that the standardized industry approach to the contract is not just a collection of various thoughts of Law. NO, to the trained attorney or claims manager, which I have done for over 20 years, its a road map to the policyholder's defense by an experienced attorney for the policyholder.
Security America is the most profitable carrier for the alarm industry because the defense begins in the claims process, which leads to years of no policy rate increases for companies with no claim experience.
This is an area where Ken's Concierge Program pays off because alarm dealers should be able to have a professional defend their rights to have a contract, like the K&K contract, when a potential customer or property manager wants to renegotiate the term and conditions.
Bart Didden
USA Central Station, owner
SARRG, Claims Administrator
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Response
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There can't be more than a handful of alarm company owners who don't understand that they need a proper contract to protect them. And when they forget or stray from best industry standards the better central stations and E&O carriers remind them. The Kirschenbaum Contracts TM have earned their place as the gold standard in the industry for multiple reasons. Any changes to the contract language usually diminishes the effectiveness to keep the client out of trouble. It's interesting that even though most people, alarm customers for sure, sign contracts all the time without reading them mostly because they know that the contracts are non-negotiable, too many alarm customers don't hesitate to challenge the alarm contracts, and by alarm contracts I mean all the K&K forms and agreements available for many if not most of the various businesses within the low voltage trade, including alarm, cameras, access control, fire, BDA, 2 way communication, intercom, medical alert, PERS, environmental sensors, as well as related trades including fire protection, generators, digital display, audio and video systems.
The Concierge Program is designed to make competent legal services to deal with challenges to the alarm contracts. Most objections can be accommodated, but certainly not all. Even thought the objections often appear routine, providing the false conception that you should or can handle the objections on your own, the inter-play of the alarm contract provisions were designed by skilled attorneys and should be negotiated and modified by competent attorneys. Not all competent attorneys have the experience to deal with and negotiate security, fire and fire protection agreements. These are very technical provisions involving numerous legal issues. K&K has the most highly regarded law firms in the US; you are probably already a client of the firm. Join the Concierge Program, enjoy unprecedented access to highly trained and competent industry attorneys, paralegals and support staff, no matter what your legal issues are; K&K is here to assist. Concierge Program, join here: https://kirschenbaumesq.com/page/concierge
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STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com
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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.
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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
www.KirschenbaumEsq.com
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