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comment on tortious interference / mixed use fire alarm June 21, 2018

KEN KIRSCHENBAUM, ESQ 
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE 
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comment on tortious interference / mixed use fire alarm 
June 21, 2018
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comment on tortious interference from June 12, 2018 article
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Ken:
          After reading the article about a fire alarm maintenance and inspection firm taking over fire alarm monitoring, it occurred to me that this seems like an unusual situation and raises questions. Why isn’t the firm that is monitoring also providing the inspection services? Are they licensed for fire work in that jurisdiction? Why wouldn’t a firm want the inspection and service contract? Who installed the system?
          I would never take it upon myself to reprogram a communicator without the approval of the sub. What about the AHJ? I wonder if they were notified. I do understand why the service firm would also want the monitoring especially if they run their own.
          This sounds like a disaster in the making. What happens when the service firm disconnects or disables the communicator, forgets to re-enable it and there’s a fire? Who gets sued? My guess is everyone involved. So while this firm may be exculpated in the end, the aggravation and costs just aren’t worth the price of monitoring in my opinion.
Mitch Cohen
BRIC SECURITY
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Response
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          I think most fire alarm companies want to do the installation, repair service, monitoring and inspections.  But it doesn't always work out that way.  Perhaps subscribers think it's a better idea to spread out the services, or maybe the subscriber has a relative who can only do one or more services and not others. The Fire All in One is designed to encourage a one stop shop.  It covers the sale, design, installation, monitoring, repair service, monitoring and runner service.  It covers UL or other certificates.  It covers everything you have thought about and more.  And if it doesn't, let us know and it will.  
          I want to repeat something I mentioned a few articles ago; it's sort of a new position I am taking, out of necessity, unfortunately.
          In many cases the fire alarm sale and installation is going to be part of an over-all construction and often the fire alarm company is engaged by the General Contractor or perhaps a large property owner.  They are going to have their own contract form and they are going to expect you to sign it. We can do some juggling to get your Fire All in One signed or included in the GC's contract, but not always.  Because it's only the installation that the GC is contracting for I think you can sign the GC's contract and proceed with the installation.  Of course there are provisions you need to watch for and many you can negotiate to your benefit, but that's another article. Suffice it to say, when it comes to only the installation you can forgo theFire All in One if you have to in order to get the job. But you need to be sure you are making enough on the installation to warrant the job, because if it's the RMR you are hoping to get to make your profit you will need theFire All in One.  You should not do RMR items without the Fire All in One. Without it you simply will not be adequately protected, any which way.
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mixed use fire alarm
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Ken
          We are doing security and fire alarm systems for an outdoor facility and buildings. It is a corporation.  They have fire alarm systems in the facilities and they have a guest house that they want a security system in. They want it all under one contract, which isn't a problem. The only thing is, is the guest house considered a residence?  Do I have to do a separate residential contract for that or because it is a business, under a corporation do I do a commercial contract?  I'm confused.
CS
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Response
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          Using one contract for commercial fire and commercial security is complicated enough. We do offer the Fire All in One with Rider for Commercial Security which you can use for fire only or fire and security together [you can't use it for just security].  But you didn't ask about that. This subscriber wants to include a guest house security system.  My guess is you're going to install a smoke detector too. This is a commercial subscriber. Are you going to have to use the Residential All in One for the guest house or can you include that system on the combined commercial fire and security contract?  
          I'm going to take the easy way out first.  You can always use a residential contract for a commercial subscriber. You can't use a commercial contract for a residential subscriber.  In your case I would separate the guest house and use the Residential All in One.  You can indicate on that contract that the corporation is paying you.  In fact, that would not be an uncommon insertion in the contract because it happens often. 
 
 
 
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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
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