KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Subcontractor not paid from two The Alarm Exchange referrals / Dispute Resolution procedures
May 13, 2017
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Subcontractor not paid from two The Alarm Exchange referrals
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Ken
I have done work for two of the companys on your site, The Alarm Exchange, one YZX and the other ABC. Both ripped me off $40.00 each and they are in Georgia and I am in Michigan. So be aware of both of them.
BK
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Response
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This email troubled me and here is how we are going to handle it.
The Alarm Exchange, the classified listings, is a forum for alarm companies and those who service the alarm industry. Most requests to post are honored, but not all. I want everyone to know that someone posting on The Alarm Exchange is expected to deal honorably with others in the industry. Legitimate complaints can result in being de-listed and the post being taken down. A complaint however needs to be investigated, clarified and justified. Both sides have a right to tell their story.
I've intervened in some disputes and in most cases worked it out to everyone's satisfaction. In the above complaint I asked BK to elaborate and he declined to offer any further explanation, so I dropped the issue. I want everyone to know that I am willing to get involved to resolve the disputes, on the phone and at no charge. That doesn't mean starting litigation or even writing nasty letters. It means calling a party and if not satisfied with the response removing them from The Alarm Exchange and perhaps the emails as well.
That's half of what bothered me. Here's the other half. Why would BK do any subcontracting work without a Standard Form Subcontract Agreement? That agreement provides for arbitration of disputes which would cost the parties about $250 each. The hearing would be conducted by phone and the dispute resolved quickly. Their respective rights would also be clearly defined by the Subcontract Agreement.
You should not be doing any work, directly for a subscriber or as a subcontractor, unless you know that the subscriber has signed a proper contract and if you're a subcontractor, you have a Subcontract signed.
Be smart, you'll have less aggravation.
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There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here.
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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
516 747 6700
www.KirschenbaumEsq.com
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