KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Contract Sale ends tomorrow - Jan 10 / updates and leaving sub blank contract / comments on Prevailing Wage / Konnected substitute
January 9, 2018
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312. Update orders are processed after discounted or full price orders.
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Contract Sale ends tomorrow - Jan 10 / updates and leaving sub blank contract / comments on Prevailing Wage / Konnected substitute
January 9, 2018
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2018 contract updates - ON SALE NOW - only 3 days left - Orders filled as they come in - order now to avoid waiting weeks for your contracts
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updates and leaving sub blank contract
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Ken
We purchased new contracts last year at this time, and they were updated in February (Suppression contract 2/13/17 and Fire All in One 2/22/17) are we up to date or do we need to updates?
Sometimes when we have to leave a contract for it to be signed we return to find it's not 100% accurate, like the portions that need initials were not initialed, etc.
We are currently about to sign new contracts with a Nursing Home. Typically we get the contract ready for signature after a few revisions while reviewing with the underlings and then have to leave it so they can get it signed by the big boss. The last time we did this with this facility the subscriber section was barely completed, signature in the wrong spot, etc. Makes me wonder if the CEO/CFO is completing it wrong so he has an out later?
So, if we highlight the areas such as: "initial here for per call service option", "signature by authorized officer", "date", etc. is this OK or could it come back to haunt us later because we highlight these items?
Thank you,
Jeff
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Response
*********************
Your contracts are certainly usable, though a year old now. You can, but you don't have to, update to the 2018 forms. There were many modifications and additions [especially to the Fire All in One]. Since you have the early 2017 forms you can wait until next year. Contracts with a copyright of 2016 or earlier should be updated, and the time to update is right now during the sale.
When you leave a contract to be signed by the subscriber it should never be blank; fill it out with the subscriber's name, address and all the terms that have to be added. The only thing that should be blank is the signature line, and you can highlight that so there is no mistake where it's to be signed, in all of the places that call for a signature or initial. Leaving a blank contract will invite added scrutiny and requested modification.
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comment on Prevailing Wage from November 14, 2017
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Ken
am catching up on my reading today, and saw this from a post on 11/14.
This is my experience when working on Prevailing wage projects. These are usually public works projects with most tied into some public funding or with a government agency involved. There are two distinct issues at hand.
One is to work peacefully with the other trades on the project. If you aren’t a Union shop, you could possibly have a problem from the get-go. Union electricians won’t want you there regardless of what you pay your help. Usually it’s best to make a deal with a union shop for them to run cables for you, with your techs working alongside Union employees. There are times that the union guys won’t mind. IF and only IF you follow their lead. Take breaks when they do, don’t get in their way, even if they want to use 2 ladders per person, and use only approved equipment and protective clothing. Still no guarantees, but if you try to work with them they may not cut your wires or otherwise sabotage your work. We have had 75% success rate with this. But rarely if ever with new construction in NYC. If you create a job action by the trades, you may (really) have to close shop with all of the back charges and other costs.
The second concerns wages. Different chores require different labor rates. Running cable or conduit is usually reserved for class A mechanics. When your guys perform this work they need to be compensated at this rate. (I think in NYC its above $100/ hr. with benefits). Techs get paid at a lower rate, and helpers, or the 2nd man helping an A electrician can be paid as Journeymen.
I don’t claim to be an expert on this. This is only from my experience on these projects. The only other advice I can give is to keep very accurate records. And don’t try to get away with anything. As Ken stated, you will get caught.
Mitch Cohen
BRIC SECURITY
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Response
*****************
Prevailing wage isn't a problem, you just need to know it's the deal, and you better comply completely. If you can't or won't, don't take the job.
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More on Konnected substitute alarm
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Ken
As I’ve mentioned before, this little gadget is going to have problems galore. There’s a reason why professional alarm systems have circuit boards the size that they are. Sure one can fit the logic into a space the size of a wireless contact, but the tradeoffs are not worth the savings in size. What kind of surge protection, RFI or EMI shielding can this have? Answer little to none. The boards aren’t large enough to have protective gaps on the tracings. I personally (being a dinosaur in this field) prefer a hard wired system, but also realize that labor costs make this unattractive to all but the wealthiest of clients.
With wireless comes additional need for security. I can’t comment on it with this new system, but if it’s anything like the board size and layout I would say not much security is built in.
Traditional security dealers have a variety of ways to compete with this. Most alarm manufacturers have home automation add-ons that will provide the same features while still maintaining better security all around with a robust system. There are also hosted systems available which will provide these features at a lower price with even better security. The reason for the push to DIY is all about (IMO) monthly costs. People would rather not spend lots of money each and every month if they don’t have to.. Bit that’s how most alarm firms survive.
We offer an “a la carte” list of services our clients can choose from. And while I prefer to sell something with a service plan, some clients don’t want it or don’t have the budget for it. For them, we offer a remote monitoring service that alerts us if they are off line or there’s system troubles. We do this remotely and automated, so our costs are low. We get something from each client. Otherwise it doesn’t pay for us to take them on.
Mitch Cohen
BRIC SECURITY
********************
Response
*******************
I haven't heard any more about this product. Anyone have any experience with it?
********************
notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
*******************
Contract sale runs through January 10, 2018, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*. This will definitely be the best deal of 2018. Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months. Updates will be prepared and sent out after the new orders are processed. The sale ends January 10, 2018, so please be patient.
2018 contract updates - ON SALE NOW - only 3 days left - Orders filled as they come in - order now to avoid waiting weeks for your contracts
*******************
updates and leaving sub blank contract
*******************
Ken
We purchased new contracts last year at this time, and they were updated in February (Suppression contract 2/13/17 and Fire All in One 2/22/17) are we up to date or do we need to updates?
Sometimes when we have to leave a contract for it to be signed we return to find it's not 100% accurate, like the portions that need initials were not initialed, etc.
We are currently about to sign new contracts with a Nursing Home. Typically we get the contract ready for signature after a few revisions while reviewing with the underlings and then have to leave it so they can get it signed by the big boss. The last time we did this with this facility the subscriber section was barely completed, signature in the wrong spot, etc. Makes me wonder if the CEO/CFO is completing it wrong so he has an out later?
So, if we highlight the areas such as: "initial here for per call service option", "signature by authorized officer", "date", etc. is this OK or could it come back to haunt us later because we highlight these items?
Thank you,
Jeff
*********************
Response
*********************
Your contracts are certainly usable, though a year old now. You can, but you don't have to, update to the 2018 forms. There were many modifications and additions [especially to the Fire All in One]. Since you have the early 2017 forms you can wait until next year. Contracts with a copyright of 2016 or earlier should be updated, and the time to update is right now during the sale.
When you leave a contract to be signed by the subscriber it should never be blank; fill it out with the subscriber's name, address and all the terms that have to be added. The only thing that should be blank is the signature line, and you can highlight that so there is no mistake where it's to be signed, in all of the places that call for a signature or initial. Leaving a blank contract will invite added scrutiny and requested modification.
******************
comment on Prevailing Wage from November 14, 2017
*******************
Ken
am catching up on my reading today, and saw this from a post on 11/14.
This is my experience when working on Prevailing wage projects. These are usually public works projects with most tied into some public funding or with a government agency involved. There are two distinct issues at hand.
One is to work peacefully with the other trades on the project. If you aren’t a Union shop, you could possibly have a problem from the get-go. Union electricians won’t want you there regardless of what you pay your help. Usually it’s best to make a deal with a union shop for them to run cables for you, with your techs working alongside Union employees. There are times that the union guys won’t mind. IF and only IF you follow their lead. Take breaks when they do, don’t get in their way, even if they want to use 2 ladders per person, and use only approved equipment and protective clothing. Still no guarantees, but if you try to work with them they may not cut your wires or otherwise sabotage your work. We have had 75% success rate with this. But rarely if ever with new construction in NYC. If you create a job action by the trades, you may (really) have to close shop with all of the back charges and other costs.
The second concerns wages. Different chores require different labor rates. Running cable or conduit is usually reserved for class A mechanics. When your guys perform this work they need to be compensated at this rate. (I think in NYC its above $100/ hr. with benefits). Techs get paid at a lower rate, and helpers, or the 2nd man helping an A electrician can be paid as Journeymen.
I don’t claim to be an expert on this. This is only from my experience on these projects. The only other advice I can give is to keep very accurate records. And don’t try to get away with anything. As Ken stated, you will get caught.
Mitch Cohen
BRIC SECURITY
*****************
Response
*****************
Prevailing wage isn't a problem, you just need to know it's the deal, and you better comply completely. If you can't or won't, don't take the job.
****************
More on Konnected substitute alarm
*****************
Ken
As I’ve mentioned before, this little gadget is going to have problems galore. There’s a reason why professional alarm systems have circuit boards the size that they are. Sure one can fit the logic into a space the size of a wireless contact, but the tradeoffs are not worth the savings in size. What kind of surge protection, RFI or EMI shielding can this have? Answer little to none. The boards aren’t large enough to have protective gaps on the tracings. I personally (being a dinosaur in this field) prefer a hard wired system, but also realize that labor costs make this unattractive to all but the wealthiest of clients.
With wireless comes additional need for security. I can’t comment on it with this new system, but if it’s anything like the board size and layout I would say not much security is built in.
Traditional security dealers have a variety of ways to compete with this. Most alarm manufacturers have home automation add-ons that will provide the same features while still maintaining better security all around with a robust system. There are also hosted systems available which will provide these features at a lower price with even better security. The reason for the push to DIY is all about (IMO) monthly costs. People would rather not spend lots of money each and every month if they don’t have to.. Bit that’s how most alarm firms survive.
We offer an “a la carte” list of services our clients can choose from. And while I prefer to sell something with a service plan, some clients don’t want it or don’t have the budget for it. For them, we offer a remote monitoring service that alerts us if they are off line or there’s system troubles. We do this remotely and automated, so our costs are low. We get something from each client. Otherwise it doesn’t pay for us to take them on.
Mitch Cohen
BRIC SECURITY
********************
Response
*******************
I haven't heard any more about this product. Anyone have any experience with it?
********************
notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
*******************
Contract sale runs through January 10, 2018, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*. This will definitely be the best deal of 2018. Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months. Updates will be prepared and sent out after the new orders are processed. The sale ends January 10, 2018, so please be patient.
Here's the deal:
Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider. Save up to $450.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $500
The Fire All in One with Security Rider $1250.00. Save $400.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $800.00
Qualifier Agreement $1200.00 Save $300.00
Nationwide DIY with monitoring. $3500.00 Save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST. Orders must contain valid credit card payment. Fill out the order form, add up your charges (we will check the arithmetic). Orders arriving after sale ends will be returned or with your approval charged regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process. The order form will show the full price. We will apply the discount manually before processing the order.
Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider. Save up to $450.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $500
The Fire All in One with Security Rider $1250.00. Save $400.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $800.00
Qualifier Agreement $1200.00 Save $300.00
Nationwide DIY with monitoring. $3500.00 Save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST. Orders must contain valid credit card payment. Fill out the order form, add up your charges (we will check the arithmetic). Orders arriving after sale ends will be returned or with your approval charged regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process. The order form will show the full price. We will apply the discount manually before processing the order.
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312. Update orders are processed after discounted or full price orders.
****************
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There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here.
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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