KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Setting up client folder / Comment on kids in your business / Comment on checks from third party / Specialty contract sale this week
January 16, 2024
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Setting up client folder
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Ken
What is the best way to set up a client folder - that is, to set up the physical paper in the folder?
What are the best practices for this in the industry?
I'd prefer you didn't use my name for this.
Anon
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Response
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Customer folders should maintain every document the subscriber has signed or sent you. History of service. If you are aware of a signal then the central station activity report should be preserved.
There are a bunch of software solutions for customer files.
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Comment on kids in your business from article on December 27, 2023
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Ken
Another way to describe your generational example would be more appropriate in my experience; 1st gen, relays, dry cell batteries, McCullough circuits and bells. 2nd gen, PROM chips, binary code, keypads, and digital communicators. 3rd gen, computers, networks, cell phones, and wireless.
The demand for entirely new mindsets and foundational skillsets hit this family about right.
Zeke Lay
Comtec
Oklahoma
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Ken
you have no idea… my kid works with me …I think
Mike
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Comment on checks from third party from article on January 3, 2024
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Ken,
I read your recent posts about a non-contracted entity making payments on a contract. It led me to wonder about a similar scenario - complex corporate ownership structures.
The installer has been contracted to install a system for a physician's office ("ABC Physician's Group - Proctology, LLP") and they wisely used Kirschenbaum contracts. The proctology practice is a 60/40 partnership between "ABC Health System Physicians Group, LLC" and the individual physicians in the practice, respectively.
Unfortunately, a loss later occurred. Shortly thereafter, the alarm company receives a demand letter from "ABC Health System Shared Services, LLC", the legal entity which owns the medical equipment and leases it back to ABC Health System's various business units. A few days later comes a similar form letter from "ABC Health Systems Property Management, LLC" regarding the broken door and another from "ABC Health Commercial Real Estate 1100 Yukon Drive, LLP" the entity which owns the building regarding the mud the vandals left on the white carpet and Italian marble floors. Then comes the whopper of a demand from "ABC Health System, LLC" wanting compensation for the HIPAA compliance costs, credit monitoring provided to all the affected patients, and brand / reputation damage.
Each entity and their insurers are seeking some kind of end run around the protective provisions of the contract. Can you simply tell all these entities, each with some common and some diverse ownership to sod off and seek redress from someone else? Should the alarm company have listed the customer on the contract as "ABC Physician's Group - Proctology, LLP and affiliates"?
Bob
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Response
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You need at least one proper entity to sign the agreement. Proper entity means one that is actually exists; the one conducting business at the site; the one carrying the insurance which you are supposed to be named as an additional insured. Asserting your indemnity claim against your subscriber should end your involvement in the claim. You may need experienced alarm defense counsel to navigate the claim letters and claim process. Be sure to notify your E&O carrier who hopefully will call K&K.
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another comment on checks from third party
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Ken
We have some longtime customers who are now elderly, and their children have taken over their finances. We also have a few young adults whose parents are “helping them out” by paying the bill. What about when a person passes, and the family pays the invoice while they try to get the house ready to sell? In each of these situations we should insist on a new contract with the family member’s name. Would you put both parties’ names or just the person paying?
Thank you,
Shelley
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Response
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Best practice is to have name of the actual end user and the name of the person who is assuming responsibility for paying for your services. When a person lacks capacity to sign a contract the person's representative, legal representative, is the appropriate person to sign the contract.
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Specialty Contracts to expand your business – on sale this week
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You all know that K&K offers agreements and forms that are recognized as the gold standard in the alarm, security and fire alarm and protection businesses. K&K also offers other agreements that are closely related to your security business. You may already be engaging in these businesses, without a proper contract, or these contracts may give you the idea and impetus to expand your business to include these services.
The Outdoor Living Space agreement for outdoor kitchens, lighting, audio and video and fire features was inspired by AIN Group which has expanded its security program to the outdoor living space contractors [which would require a home improvement or general contracting license as opposed to an alarm license].
Other specialty form agreements include:
* generator installation and service,
* solar panels,
* digital signs,
* home watch
* answering service
These form agreements can be found in the miscellaneous section of Alarm Contracts at www.alarmcontracts.com.
K&K also has oil equipment installation and oil supply agreements. Call K&K Contract Administrator Eileen Wagda at 516 747 6700 x 312 or EWagda@Kirschenbaumesq.com for details and obtaining these oil contracts
To help get you started for the new year these forms will be on sale this week at 25% off list price. AIN members will get an additional 10% off [be sure to identify yourself as an AIN Member] and Concierge Clients will get another 10% off.
When ordering the full price will appear on the order form and will apply the discounts when processing the order.
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STANDARD FORMS Alarm / Security / Fire and related Agreements
click here: www.alarmcontracts.com
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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.
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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
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