b    We use sub-contractors. We have a very good (legally blessed) sub-contract. We have had all of sub-contractors sign this and of course be listed as additional insured. My questions relate to getting background checks on the principles of the company. Most of them are small, one/two man outfits, but some do have employees. We have had success with most of them going through our background check but we are starting to get some resistance from those that are set up as corporations. Here are my specific questions:
    1) How much weight should I put in getting background checks on subs?
    2) Am I protected (enough) by my actual sub-contract?
    3) What is my exposure if I do not run background checks?
Thank you,
    If you are in a state that has an alarm license and that license imposes responsibility for your employees, then you are going to be responsible to ensure that both your employees, your subcontractor and your subcontractor's employees, meet all of the license requirements.   That may very well mean that they must have background checks, be certified or registered, carry ID cards and meet certain standards.  It makes sense because the purpose of the licensing law is to protect the consumer and licensed companies shouldn't be able to circumvent requirements by engaging subcontractors who  may be non compliant.  Insist that your subcontractors and its employees comply with the same rules you have to comply with.
    As far as your subcontract form, I can't comment since I haven't seen it [nor do I want to].  We offer a simple easy to read and understand sub contract to alarm contractors, and it starts with the representation that both GC and Sub have the necessary license to do whatever work is required.  You can get the the subcontract for at www.alarmcontracts.com.  Also, as the GC alarm company you should have a proper contract [use the Standard All in One form that applies] with the end user; both you and your subcontractor depend on that contract for protection.
    Word on the street is that Nicet certification was squashed and no longer required. Have you heard anything? We just sent one of our techs for the level II test so that cost us $675.00 for training classes, $300.00 + for the study book plus the cost of both tests all for nothing? Do we have any recourse if it is in fact true? As always thanks for your feedback.
    I asked industry expert Alan Glasser of MBFAA
    No way.  There will always be NICET.  NICET will never be canceled.
Alan Glasser, Executive Director
Brooklyn, New York
    Regarding the divorce and collection question on your forum posed by the company from Virginia, I was under the impression that if either the husband or wife signs a contract, that it is binding upon both of them.
Duane Pascale
All Island Security Inc
Mineola, NY  
    That is not likely true.  I would say that the presumption is that only the party signing is bound.  If one signs for the other, so that you have two signature on the contract, then you may be able to hold the one who didn't sign personally.  So a husband signs only his name.  Only he is liable.  Husband signs his name and his wife's name [with or without indicating that his is signing on her behalf] she may be liable, but that will likely depend on other facts regarding the wife's actions either before or after the contract is signed indicating that she intends to be bound by the contract and that her husband had authority to sign for her.
    You asked about this from a collection perspective, but it's a much more serious issue from a defense perspective.  You don't want to find out the wife isn't bound by the contract when you're trying to rely on the exculpatory or limitation of liability clause.