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 ****************************** comment on providing service without contract signed by end user August 14, 2025 ************************ comment on providing service without contract signed by end user from article on July 1, 2025 ************************ Ken, We had an occurrence at a mall in my town that reminds me of your advice to never provide service without a contract. The mall caught fire last Friday afternoon, apparently due to a fire breaking out in an HVAC unit while it was being worked on. The mall was evacuated, a few people were hurt when they fell and were trampled by other customers. The entire mall was closed all weekend, and there was some fire damage. There are two large anchor tenants, over 60 other stores, five restaurants, and a food court. All were closed over the busy weekend and most probably filed business interruption claims totaling a million or more, that will probably result in the insurance company attorneys going after the mall, and the HVAC company. Add in the slip and fall claims and it is some real money. I am wondering if the HVAC guys had a contract with the mall for the service call, and if it had the proper indemnifications? Mitch Reitman 817 698 9999 XT 101 Reitman Consulting Group Fort Worth, TX ************************* Response ************************* I'd be surprised if the HVAC company had a contract for the service call, and I can assure you if it did that contract would not look anything like a Kirschenbaum Contract TM. You don't mention the fire alarm. There had to be one. It had to be monitored. It had to be inspected. You'd think that because people were on site and present when the fire started that no fire alarm system or service was involved. That makes sense, though no reason not to name the alarm company in any claim or action; another pocket to pick. If named in the lawsuit the defense costs alone, until the alarm company can extricate itself from the action, could be six figures in dollars. That's a great reason to carry the E&O insurance coverage. The alarm company and its carrier will be looking for the indemnity provision to try and recoup the legal fees incurred in the defense of the action. You might wonder why I would even bring up the possibility of the alarm company being dragged into this matter based on the facts of scenario. Facts, usually driven by perception, often change and everyone has their own perspective. For example, if the fire started with smoke, visible to those in the room, it's possible that they didn't have a phone handy, or didn't know who to call, or didn't have a signal. Perhaps the smoke detector didn't pick up the smoke; maybe it did and a signal went out and the central station delayed calling the fire department. Delay is also subjective, even within the NFPA 72 guidelines. It doesn't take much to spin the facts enough to conclude that the alarm company is a legitimate target for the lawsuit. ********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
