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GC’s contract review request / looking for binding quote
May 24, 2019
GC’s contract review request
            Can you look at a contract that a GC wants me to sign? 
How much will it cost?
Thank you,
            This 51 page agreement looks very much like an AIA form for subcontractor.  I would have to charge $2000 to read it; just enough so you don't want me to.   Here is what you need to know about the contract:
  *  you will be called upon to get certain insurance - you have to send contract to your broker and ask if you can get the coverage.
  *  add the contractor and probably owner as additional insured
  *  read the payment process because you will have to submit a requisition form to get paid, and that may take you longer than doing the work.  
            Get familiar with the form.  Good luck.  Call with any questions
looking for binding quote
            I am looking for some sort of form to use to have my customers sign when they approve a quote that is binding. Example: Customer agrees to my quote with equipment and price listed, they sign it and make a 50% non-refundable deposit. 
            This will primarily be used for surveillance camera systems that are installed with no service contract/RMR. I don't really see the All-in-One commercial or residential fitting what I am needing. 
Name withheld
            You can lead a horse to water, but you can’t make it drink.  
  *  You cannot have a binding “proposal”; you can have a binding contract.  
  *  You should not do any security work without a written contract.
            The above security contractor is looking for a “binding quote” that locks in price and calls for a non-refundable 50% deposit.  He thinks that because there will not be any repair service plan no contract is needed.
            Claims can arise from design and installation, not just continuing RMR services such as repair service or monitoring.  Keep in mind this isn’t a situation where the security contractor is being forced to sign a GC or owner agreement for installation.  Here the security contractor is trying to create its own form to present to the customer.
            The proper form here is the Commercial All in One.  It covers installation of cameras.  Once signed it will lock in more than a price and non-refundable deposit.
            It’s common practice to use proposals and estimates, but these are not contracts and should not be used as a substitute for a contract.  The proposal or estimate can be used as the rider to the All in One in place of the Schedule of Equipment and Services.
            Be careful if your proposal or estimate has a place for the customer’s signature. That may create a contract, and it will not have everything you need in a contract.  
            Stick to the All in One and other Kirschenbaum Contract TM forms.  They are perfectly round and roll just fine.

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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