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 ********************** What you can do about unlicensed competitors July 14, 2023 ************************* What you can do about unlicensed competitors *************************** Ken, We lost a large CCTV & Access Control Project $150k + to a large local IT Company approximately 4-5 years ago. We just found out on Friday that another of our clients is going to award a $140k + CCTV & Access Control Project to this same IT Company. After some research, I have concluded that they are not licensed in NY State for Security, which they are required to be for this work. I informed the client that this IT Company Vendor was Not Licensed and provided them with the NY State Security License Document with key points highlighted. They said they would ask the IT company for its New York State license number. I followed up with the client on Friday and they informed me that their IT company doesn't have the New York State license, but they feel comfortable with awarding the Project to them anyway. How do you suggest I should proceed to put a stop on this project? Thank you, Joe. ************************* Response ************************** All you can do is report it to the AHJ --- in this case, the licensing board. You can also file a complaint with the District Attorney’s office where the company is located and a complaint with the District Attorney in the county where the customer is located. You can also file a complaint with the Attorney General’s office. I don't think you have standing to complain in your own court action, which means you can’t sue the IT company and you can’t sue the customer. You own a taxi service. Your competitor hires at least one unlicensed driver. You’re driving and the car in front of you passes a No Littering Sign on Penalty of $1000 fine and you see a bag of trash fly out the window. You’re paying at the cash register while someone else is loading up a cart of goods and walking right out the door, perhaps waiving or taking a selfie, Call ghost busters and get the same results. ****************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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
