KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on AHJ adding requirements / Comment on electronic contracts
August 12, 2019
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Comment on AHJ adding requirements from August 2, 2019 article
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Ken
            Some business advice that works for me, it took me many years to learn it, but I finally did and it’s been working marvelous at least for the last 4 years now during the construction & economic boom .
            Stop fighting with the AHJ thing all together and just bid every single job as if the AHJ will do this to you, then you have it covered each and every time.
            Every other trade bids this way to the GC, why shouldn't we? 
            AHJ just added 26 smoke detectors on a current job of mine.  I'm not changing my price because I had it covered in my bid, I just put them in,  I'll get paid and I'll move to the next one, GC won't be mad at me, they'll pay me fast without a fight, and they'll award the next one to me.  I will bid the next one the same way.   You could say I just lost some money, but did I when you look back at the last 15 jobs bid in the same way where we didn't have to add anything? (NO) 
            I even bid this way direct to owners, Subscribers and GC's simply get PO'd when people try and ask for more money, no matter what disclaimer they were given.  When they learn that you are a company that never does it to them, they will pay you more money on job after job after job.
            Granted we only do small jobs (less than 100 devices). Big jobs I can't speak really except that I used to hear a lot from GC's that Simplex was the change order king.
            Just my 2 cents, it works for me. 
Gary Abel
Firetex Security Systems Inc
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Comment on electronic contracts from August 2, 2019 article
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Ken;
            Just need to reiterate to the troops that when using electronic contracts, or any similar electronic media, to always utilize some type of document company such as Docusign, Topaz or such.  I emailed an Agreement to a customer (.doc) and they returned it to me signed, scanned but altered!  Had I not caught the change it would have obviously been binding or expensive to challenge down the line.  Suffice to say that customer needed to pay for a fire watch until they found 
another company to do business with.  Karma is a bitch.
Al
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Response
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    Fighting city hall is an uphill battle.  The longer you are in business the more you will be convinced that cooperation makes life easier.  As far as additional equipment, the All in One clearly requires the subscriber to pay for that equipment.  
    Subscriber changes in the contract is not a problem limited to electronic contracts; it can happen with paper contracts too.  A disguised â€‹change will not bind you if you've made a reasonable effort to read the contract before signing.  It's easy to miss an added "no" or "not" to an agreement which changes the provision entirely.  Don't send electronic contracts in WORD or other easily modified form; use PDF.  Also be sure to use the Disclosure and Consent to Electronic Communication when you use electronic contracts so you can comply with Consumer Laws,
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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