KEN KIRSCHENBAUM, ESQ
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Can Sprinkler Co sub fire alarm install and after-install services to Fire Alarm Co
July 29,  2025
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Can Sprinkler Co sub fire alarm install and after-install services to Fire Alarm Co
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Ken,
    We have been approached by a sprinkler contractor (we only do fire alarm, not sprinklers) to potentially be subbed under them for monitoring and inspections as they would like to offer customers a “complete package” of services. It sounds like good business for us as they’re essentially going to find RMR for us, and we will still be the ones installing, managing it, etc. to make sure it’s up to our standards. 
    My only concern is they’re likely to want to sign the contract themselves rather than their customer/the end user as the sprinkler contractor will be the one we’re billing and they’re going to upcharge the customer. 
    Do we need to insist on the end user signing the contract, can they sign it, or is there a different contract we should have them sign? Any/all thoughts appreciated.
  Thank you,
Steve
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Response
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    My initial thought, which I am going to stick with, is that this arrangement will not work.  It's one thing for a GC [and the sprinkler company may not even be a GC] to hire a licensed trade to perform installation within its trade, but it's another for a GC to contract for licensed services when it doesn't have the appropriate trade license.
    The contemplated structure is not a good idea for you if the GC is going to own the contract with the end user.  You want to own the contract for lots of reasons, including liability issues and creating value for your company.
    You can have the sprinkler company, acting as GC, engage you to install the fire alarm.  I'd prefer the Fire All in One be signed by the owner, even if provides that you'll be paid by the sprinkler company for the install. 
    You should have the Fire All in One signed by owner for all the after-install work.  If you want to give the sprinkler company a finder's fee or whatever you want to call it, then do that.
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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