Comment on Alarm Co asked to sign subcontractor’s agreement after job / RSVP if attending Holiday Party November 16 2024
KEN KIRSCHENBAUM, ESQ
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Comment on Alarm Co asked to sign subcontractor’s agreement after job / RSVP if attending Holiday Party
November 16 2024
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All times booked for private meeting with KK at ISC East
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Only waiting list available: contact: Stacy Spector,Esq at 516 747 6700 x 304 or [email protected] . Concierge Clients will have priority.
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Comment on Alarm Co asked to sign subcontractor’s agreement after job installed from article on November 5, 2024
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Ken,
This does not seem right to me. You do a job and in order to get paid you have to sign a contract negating yours. Would this hold up in court? (One word: Extortion)
Thank you for all you do for alarm companies.
Robert R
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Response
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The question should be, do you have to sign the GC’s or Owner’s contract in order to get paid, especially if you already have had your Standard Form Agreement signed? The answer should be no, you could refuse to sign anything and demand payment under the terms of your agreement.
Problem is that might be the last job you get from that GC or Owner, and you might have to resort to collection proceeding to get paid [but you should prevail].
I think the way this happens so often is that the Project Manager, Head of Security or whoever is contracting you to do your work first signs your contract, because you insist on it to get started. Down the line your request for money or maybe final payment makes its way to the Financial Dept of the GC or Owner, and they are programmed to insist on their contract form being signed. The person you initially dealt with is not in the middle asking you to sign the GC or Owner contract [often called Vendor Agreement or Service Agreement].
Concierge Clients get a free half hour each month for contract review and a good percent of those reviews are with “after the install” contracts presented to the alarm company who needs to sign in order to get paid and continue getting work.
These Vendor agreements invariably conflict with your Standard Form Agreement in every material way; without doubt create risk and exposure, which you are entitled to take, but you should appreciate the risk and exposure, not only for yourself but on others who depend on you to get proper contracts signed before doing your work. These others include your insurance carrier and your central station, as neither of them wish to accept additional risk, and neither of whom care about you getting more business from the customer.
The Vendor agreement is usually modifiable. Generally the indemnity requested is really about personal injury or property damage while you are working on the premises, and not a guarantee that no loss will occur because your system or service didn’t prevent the loss. This needs to be identified in the Vendor Agreement and carefully modified, along with other provisions such as the additional insured coverage. You should not try and navigate these changes on your own, and you will eventually be sorry if you blindly sign any document placed in front of you as a requirement for work, more work or getting paid.
If you’re a Concierge Client, use the program; if you’re not, join today. Why? It will encourage you to seek legal counsel when you need it and you will save significant legal fees by using the program. Join here: https://www.kirschenbaumesq.com/page/concierge
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Holiday Party 2024 – this is your invitation - rsvp if attending
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The K&K Holiday Party will be on December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM. You’re invited, but you do need to RSVP before December 1, 2024 so we can properly plan. Format is casual dress, cocktails and plenty of pass-around hors d'oeuvres; you won’t leave hungry. Please send your RSVP to Kathleen Lampert at 516 747 6700 x 319 or [email protected] or Amy Laveglia at 516 747 6700 x 313 or [email protected] .
Come see old and meet new friends at this social event. Looking forward to seeing you at the party.
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STANDARD FORMS Alarm / Security / Fire and related Agreements
click here: www.alarmcontracts.com
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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.
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