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 ****************************** Two companies doing overlapping work, yellow tag removal? / Specialty Contracts sale ends today January 19, 2024 *************************** Specialty Contracts to expand your business ends tomorrow ******************************* 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. *************************** Two companies doing overlapping work, yellow tag removal? *************************** Ken We have a customer that does not trust their regular sprinkler/standpipe vendor and have us review their work and make some corrections. Recently they put yellow tags on many valves because they were not locked open as required; we relocked the valves and corrected a few other items (don't know why they just didn't do it themselves), Can we remove their yellow tag or should they be left in place for them to remove on their next inspection? The building manager wants us to correct and remove the other company’s tags. Thank you! Jeff ******************************* Response ******************************* First everyone needs to know that Jeff’s company is licensed as alarm company and also fire prevention / suppression equipment, so he can service the sprinkler system. This same question may arise when you have one system in a premises and another alarm company has a different system in the premises. Assuming the other system isn’t a leased system [in which event you should not service it] you can rely on the customer’s request to service the system. Get the direction in writing and DO NO WORK WITHOUT HAVING YOUR UPDATED CONTRACT IN PLACE SIGNED BY THE CUSTOMER. The customer can make the decision to bring you in even though the customer is party to a contract with another alarm company, as long as it’s the customer asking you not you soliciting the customer for that work. You don’t want to be accused, or worse, sued, for tortious interference of contract, but a customer is free to make its own decision whether it wants to breach the other contract or “cover” and “mitigate” its own damages because it believes the other company hasn’t done its job, essentially breaching its agreement. And, the customer can simply decide to breach its contract with the other company for its own reasons. You just need to be free of encouragement and definitely improper means to encourage the customer’s decision. If you’re licensed to work on a system, alarm or suppression, then you can provide your service. If tags shouldn’t be moved unless corrective work or inspection has been performed, then you can remove the tags when you do the corrective work or inspection. If only the company who placed the tag can remove it [I haven’t researched this and different jurisdictions may have different rules] then you can simply add your own updated tag. If you’re not sure reach out to your Fire Marshall for direction. ****************************** STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
