September 10, 2011

 

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At the Response Center USA 2011 Dealer Conference in San Antonio an issue came up regarding specific requirements in Texas contracts. One issue was a notice that has to be given to subscribers where they can file complaints. Most at the meeting were convinced that the notice, requires that the company provide: name, address and the telephone number for the Private Security Bureau. This law, found in the Private Security Act, Texas Occupational Code section 1702.001, Rule 35.36 (a) of the Licensing and Registration Service  Private Security Administrative Rules, provides that the notice can be given orally, or in writing in the contract. If in the contract it must be at least 10 point font. The Standard Form Contracts are customized state by state, including Texas.

I'd like to thank Gary Dawkins at Response USA, his staff and the attendees for their hospitality.

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Question

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Ken

Is this true? "Hiring a licensed alarm contractor thru an unlicensed contractor is contrary to the law".

How would then general contractors stay in business? The GC can not be licensed plumber, roofer, bricklayer, landscaper, and the 1000 other trades.

I don't understand it. Builders hire alarm company to install fire

alarm. The builder is not licensed alarm installer, but this is done every

day. Builders and General Contractors hire all possible trades to get the

building up.

Dusan

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Answer

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The quote was from a recent comment; it's not mine. However, it has validity. And the question raises a good point, because it's done all the time. It's not uncommon for a general contractor to engage lots of trades, including alarm companies, to install alarm systems. A general contractor's contract may include the installation of a fire alarm system. The contractor hires an electrician and the electrician brings in an alarm company. Neither the general contractor nor the electrician are licensed [well the electrician might be]. How can the general contractor include the alarm system in its contract, its specs and plans, and make money from that installation?

I don't really have a good answer, because we all know its done all the time. The best answer I can come up with is that the general contractor [and unlicensed electrician] are involved in the installation only and they don't contract for the monitoring or continued service of the alarm system. If they did, I am confident they would be in violation of the licensing law. I suppose that the fact that the alarm system is considered "incidental" to the overall project for which the general contractor is engaged, everyone looks the other way. Technically the GC should carve out the alarm system, but same could be said for the plumbing and electrical work.

I am sure there is a better answer. Anyone have it?