Very interesting article;  however it does lead me to one question:
What clause in your All in One Commercial Lease Agreement would cover us in the event that this type of claim were to hit our firm?
    Thank you in advance for your review and response.  
Gabriel Fuentes
SSD Systems
    Good question.  There are many "protective" provisions in the Standard Form Agreements, though admittedly these provisions are intended to insulate the alarm company from claims arising through alarm equipment or alarm service failure.  Not many alarm companies perform a security survey detailing deficiencies in the existing security system and prepare a written report [and then lose it] (assuming that is what the ADT case was about).  If the survey and report were included in the Schedule of Equipment and Services then you could rely on:

  • the exculpatory clause
  • the limitation of liability clause
  • the insurance procurement clause
  • the waiver of subrogation clause
  • the indemnity clause

    You would most certainly rely on

  • the jury waiver clause 
  • the arbitration provision

    If I handle the case you are not likely going to end up in Federal Court before a jury after 6 years of litigation.
    I want to mention another issue that is bugging me at the moment.  In the last two days:

  • A client engages me to handle an acquisition and sends me a copy of an agreement used by his attorney in another deal several years ago.  The Asset Purchase Agreement was my form almost verbatum.
  • Another client is considering buying alarm accounts and sends me the contract form used by the seller.  It's my form almost verbatum.

    Guess I should be flattered that they would risk violating copyright and trademark laws.  I can't understand why anyone in the alarm industry would prefer to pay more for a "copy" contract  prepared by another lawyer who has no shame copying another lawyer's work product rather than get it from me for less money.  Go figure.