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 ****************************** Subscriber's house burns down during installation / ISC meeting sign-up October 30, 2025 ******************************** SAVE THE DATE: K&K 2025 HOLIDAY PARTY WILL BE ON DECEMBER 4, 2025 ********************************* Private meetings at ISC EAST ********************************* We are getting closer to ISC so if you're attending an want to make the time to meet please reserve an appointment time sooner than later. To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area. ******************** Subscriber's house burns down during installation ******************* Ken First, just wanted to say thank you as the Monitoring Agreement and Subcontractor agreement have been working out very well for us thus far. The situation with the client who insisted that his video monitoring response say "You will be shot" worked out for us in an agreeable manner and we appreciate your advice on that as well. We are finding the Concierge Program valuable and useful; thank you. We had a client who purchased an alarm system upgrade, access control system, and camera system from us in September, 2024. Our company installed similar systems at a previous home he owned and later sold. We had purchased all parts and commenced installation of the systems in November 2024. We had completed the alarm system and were almost done with the access and camera systems. We maintained contact with the client through phone and email in the months of November and December while installing and testing. Unfortunately, he notified us that his home burned down in the Los Angeles Palisades fire January 8, 2025. The client asked us for all documentation and invoicing for his insurance company and we provided it January 10, 2025. However, he never paid invoices that had been submitted November 1 and November 6 totaling $44,493.60. We had not billed final for the access control or camera systems at that point and have not billed those. We reached back out to him on February 28, 2025 to inquire about the open invoices; We received no response. We've since reached out to him monthly or so to inquire but again, no response. Would you be able to tell us of our legal options at this point? Assuming we can do some sort of collections, but are there any other recourses? Please let me know if any additional info would be helpful. Thanks so much! Brian ********************** Response ********************** Well one option is certainly not going to be available, burning his house down. Let's look at the legal remedies, which are more appropriately in my wheelhouse. Your rights and remedy are found in the contracts. I am hoping you had the customer sign a Residential All in One, and not just a "Monitoring Contract" as you mention. The Residential All in One has many provisions that help you get paid, including: * risk of loss once equipment delivered to job site * risk of loss during installation * subscriber to obtain appropriate insurance to cover subscriber's responsibilities * arbitration * subscriber owes whatever is owed as of time of default, in this case the fire, and 80% of the balance of the contract, plus legal fees if referred to collection. Sure these remedies may seem harsh, and any number of judges may figure out ways to deny your claims and dismiss your case or limit your recovery, but we won't know that until you bring your collection case. You do that by referring the matter to K&K Collection Department; contract Kathleen Lampert at 516 747 6700 x 319 or KLamapert@Kirschenbaumesq.com. As a Concierge Client you can also contact Concierge Program Coordinator Stacy Spector, Esq, 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com and she will advise you of other Concierge Member services, such as the free monthly collection letter. *********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
