KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on insurance clause / should you engage fire engineer / Can UTC Dealers sue Carrier / Zwirn knocks out Honeywell
March 18, 2020
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See webinar schedule below. Webinars start today. Register now
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Comment on insurance clause from article on March 13, 2020 
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Ken,
            In response to the contract challenge.
            The way I read your response, in our K&K contract we need to have the customer procure insurance and have our company listed as also insured?  How much coverage are we requesting the customer have on this insurance?  I see it’s a great idea, but we haven’t done this, yet. Looks like I probably should start.
            Thanks for all you do for our industry.
Raleigh Peck
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Response
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            The insurance procurement provision doesn’t require a specific amount but requires the subscriber to obtain insurance sufficient to cover the risk; the subscriber is in the best position to determine the extent of risk, such as value of a building or its contents.  Keep in mind that most subscribers won’t bother getting you named as an additional insured.  While the industry should immediately call the subscriber in default of the contract, that drastic action is not typical.  It’s something we should be keeping an eye out for in the future.
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Comment on should you engage and pay the fire engineer from article on March 10, 2020
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Ken,
            I always kick the responsibility of getting approved PE drawings back to the subscriber/owner.  If I’m approached to provide a quote to provide a fire alarm system or system upgrade, I always assume that the owner will be getting competing quotes; and for that reason, I refuse to provide any design services in the bidding phase.  I always advise the owner to obtain stamped drawings and specifications from a PE so that all bidders are quoting on exactly the same thing, as opposed to “apples & oranges”; and don’t have to figure in engineering costs that they may not recover.  If they don’t agree, I tell them I’m not interested in bidding.  I tell them that these drawings and specifications will likely be required by the approving agency / AHJ at some point during the approval process anyway, so why not get them up front and use them as a bid spec.?  This also prevents bidders from “low balling” the bid to get the job, thinking they’ll hit the customer up for unexpected / un-budgeted high-cost “extras” to get the final approval and make their profit.
Andy
Fireworks, LLC
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Comment on Can UTC Dealers sue Carrier from article on March 11, 2020
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Ken
            UTC is still very much alive and contracts were with them and not Carrier. I am aware of an alarm company in the Seattle area that is pursuing litigation against UTC regarding problems with the Interlogix SDX-135Z smoke detectors that allegedly were known to the manufacturer.
Christopher R. Blair  Laing
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comment on Jeff Zwirn knocks out Honeywell Vista Fire Alarm Panel  from article on March 14, 2020
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Ken,
            The Data Bus Danger is becoming a very hot topic for the Fire Marshals and Fire Chiefs that issue Certificates of Occupancy for commercial property. It will certainly affect the installations of many dealers. I appreciate your work on keeping alarm dealers informed of crucial news that may impact them. You do a great job.
Keith Jentoft

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Ken, 
         ​WOW...read Jeffs article. Honeywell panels Residential & Commercial are designed the same way as the Vista 128/ Vista 250 panels. That being said, all panels Honeywell manufacturers are  affected! What recourse does the alarm industry have to address this major flaw! Law suits???  Just saying.
TS
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Webinars Series 2020 - starts today
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            We are pleased to offer the below FREE Webinars. Originally scheduled as Roundtable discussions at the ISC we are now opening up attendance in webinar format. Please sign up for one or more webinars and we hope you’ll participate in the discussion.  Other webinars TBA
            For those of you who had a Free private meetings scheduled with Ken Kirschenbaum at the ISC show, please call Stacy Spector,Esq at 516 747 6700 x 304 to re-schedule the meeting via Skype
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When:  March 18, 2020 at 11 AM ET
Topic:  Current state of monitoring including technology and well as outside influencers like minimum wages and privacy laws.  
Presented by:  Morgan Hertel, VP of Technology and Innovation, Rapid Response Monitoring
Hosted by:  Ken Kirschenbaum,Esq
Who should attend: owners and technical staff
Register here: https://attendee.gotowebinar.com/register/880692726644110338
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When:  March 19, 2020 at 1 PM ET
Topic:  on how your monitoring company can help you avoid a lawsuit  
Presented by:   Don Maden, EVP, and David Smith, VP Marketing and Business Development, COPS Monitoring
Hosted by:  Ken Kirschenbaum,Esq
Who should attend: owners, CEO, CFO, managers
Register here: https://attendee.gotowebinar.com/register/5006546338216846851
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When: March 20, 2020 at 1 PM ET
Topic:  discussion on Errors and Omissions Insurance Claims and Risk Management
Presented by:  Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum, Esq
Who should attend: owners, managers
Register here:  https://attendee.gotowebinar.com/register/258940891371390211
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When: March 23, 2020 at 11 AM  ET
Topic:  discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts
Presented by:  Mitch Reitman
Hosted by:  Ken Kirschenbaum,Esq
Who should attend: owners, CFO
Register here:  https://attendee.gotowebinar.com/register/7232585693958553346
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When: March 24, 2020 at 11AM  ET
Topic:  discussion on Selling or buying alarm accounts and RMR issues
Presented by:  Ron Davis and Ken Kirschenbaum,Esq
Who should attend: owners, CFO
Register here:  https://attendee.gotowebinar.com/register/4456255062166732547
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When: March 26, 2020 at 11AM  ET
Topic:  discussion on the value of quality video contracts and services
Presented by:  Sharon Elder, VP Sales, USA Central Station
Hosted by:  Ken Kirschenbaum, Esq
Who should attend: owners, COO, managers, technical staff
Register here:  https://attendee.gotowebinar.com/register/3745137120793115395
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When: April 7, 2020 at 12 PM  ET
Topic:  discussion on the current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies
Presented by:  Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers
Hosted by:  Ken Kirschenbaum, Esq
Who should attend: owners, CFO, managers, 
Register here:  https://attendee.gotowebinar.com/register/7558739325686839811  
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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