KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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New Jersey updated Cancellation Form / Does subcontractor’s license cover you
June 30, 2023
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New Jersey updated Cancellation Form
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          New Jersey residential customers need a Cancellation Form [the 3 day cancellation] that must contain specific provisions to be compliant.  We previously did not believe the law applied because it's for Retail Installment Contracts and we did not consider the on-going service agreement to be in that category.  Cases in NJ now convince us that we need to change the Cancellation Form.  The Cancellation Form will be a little more difficult to fill out for each sale because the seller will have to insert a description of the goods or services and will also have to insert any amount paid when the contract was signed; this in addition to the other information customarily required on the Cancellation Notice.  
          The new Cancellation Form will be provided with the Residential All in One.  Anyone who has purchased a Residential All in  One for New Jersey within a year can get the updated Cancellation Form without charge by contacting K&K’s Contract Administrator Eileen Wagda at 516 747 6700 x 312 or EWadga@Kirschenbaumesq.com
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Does subcontractor’s license cover you
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Ken
          Is there a way to include terms that explain that we use subcontractors to provide products and services we are not licensed to provide such as, fire sprinkler, fire extinguisher, electrical, etc?
Matt
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Response
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          Sure, and while you're at it you can add that if you decide to do customer's legal work or become their medical doctor you will be sure to find a licensed person to do the work.......  You are not a general contractor and should not be contracting to perform work you aren't licensed for like fire protection, electrical, plumbing.  You contract can certainly say that your work is going to require other trades and that its customer's responsibility to engage those contractors directly.
  If you present yourself as a GC then you can engage other trades but you'd need to comply with whatever laws apply to a GC.
          The general rule is that if you are contracting for the service then you need to be one who is licensed.  If you subcontract licensed work then the subcontractor needs to be licensed too.  The key is making sure you know what activities require a license; then all you need to do is comply.
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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
www.KirschenbaumEsq.com