KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ********************** Has fire alarm account been tortiously interfered with July 11, 2023 *************************** Has fire alarm account been tortiously interfered with *************************** Ken, We have been using your contract for the Fire Alarm All in One for monitoring and testing. We just had one of our technicians complete a fire alarm test at a building we have your contract in place at for nearly ten years. Just recently we noticed that there was another test done by another company that it turned out to be the fire extinguisher company. Apparently, he was there servicing the extinguishers and asked an employee who was not familiar with it if he could do an alarm test and they said sure not knowing we had the contract and that it was just done. The panel had been tagged only three weeks and was up to date. Is there any action against this pain in the butt unethical competitor who has done this same thing before? Tortious interference of a contract maybe? A notice on the panel that states service and testing on the system is under contract with our firm? We have our information already on the panel and he would have seen that. Since this other company last touched it and if something were to fail could he or his firm be held responsible; Especially since he did not do a complete test of all devices. Name Withheld Please ************************* Response ************************ There’s no tortious interference because you haven’t lost the customer and you haven’t lost any revenue. This happens from time to time. An alarm company under contract goes to perform an inspection only to be told it was already done [that’s not your scenario]. Customer doesn’t want to pay for both and doesn’t want you doing an inspection and charging for it. An element of tortious interference is that you actually lose the account or revenue. The notice on the panel is clever and could prove helpful if you do have to pursue a competitor for tortious interference. ************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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
