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 ****************************** more on should you provide service before contract is signed May 8, 2026 ************************** more on should you provide service before contract is signed from article on April 16, 2026 ************************** Ken, Liability is the biggest issue, however, back in the early 90's when they started the NYS Alarm license and we had to have proper paperwork, that included formal contracts as I understood, having known you for over 20 years already decided to get new contracts from you. The following week I received a call from someone who was referred to us by another customer met at his new store, he was still doing the finishing touches to get open and found out he needed a fire alarm. The space was in a strip mall, I asked about the basement he said no it is not his and they have no access to it. Turns out he knew my uncle so we felt comfortable with each other. We agreed on the price, I gave him the contract to sign and we drew plans, he went with me when I submitted them and he spoke to the Fire Marshal to let him know they were submitted and they would be looked at next. The Fire Marshal said we could install the fuse cut-out, panel and start rough wiring before the plans were formally approved; small two day job plus inspection. We went the next day, we showed up and there was an HVAC company there speaking with the owner and he said we could get started and he would meet with me when he was done with the HVAC company. He yelled to me he would be back in a little while as he had to go to the bank. I thought good, our agreement was 50% at start and balance when complete. When he returned I said we need to sigh the contract. He looked at it and said I guess it's a good idea to protect both of us, signed, then said that he had to give our money to the HVAC guy and that he would pay us all at inspection. I said he would have to pay least a week before inspection and he said OK. The Fire Marshal called me a few days later and said what is up with the job and that another fire alarm company applied for a permit and inspection. That was the first (luckily only) time we needed to call Ken to collect. Lesson learned, no matter what, contract and initial payment first before doing anything (no matter who knows who). Jeff ********************** Response ********************** There are many reasons to get the contract signed before any - and I mean any - work is done; and, I can't think of a single good reason to do any work before a contract is signed. Collecting on the contract is important, but pales in comparison to a claim against you because your alarm was not working when a loss occurred. How would you like getting sued for millions after you do a $75 service call? Know what's worse? Getting sued after doing a favor for someone and doing a service all, and then getting sued. One simple rule, no work without a signed contract. The contract should be an updated Standard Form Agreement for the intended services; it's just as easy to use - maybe easier - than using a crappy contract. Even if you do have a decent contract, if it's not a K&K contract you will not be able to rely on K&K to support that contract when the time comes you need it to enforce the contract. ************************* STANDARD FORMS 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 ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* 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 / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
