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 ****************************** follow up on Johnson Control sued for $12 million on $1123 service call July 6, 2026 ************************* follow up on Johnson Control sued for $12 million on $1123 service call from article on June 4, 2026 ************************* Ken, Are you saying that a service contract should be signed in advance for each and every service call? I know that I must be missing something here because it would be impractical in providing alarm, camera or access control system’s service on a day to day basis. Johnson decided to do a service call when it didn't have a Service Contract signed in advance. Jim Waltz United Security Alarm, Inc ****************** Response ****************** A Service Contract is NOT needed every time you do a service call or inspection. You get a Service Contract or Inspection contract signed once and it then continues for the term of the contract and thereafter renews indefinitely until canceled. This sounds easy enough, and it is. The All in One agreements, one for each category of customer [residential or commercial] and one for each category of system [security or fire alarm or fire protection] will cover the design, installation, monitoring, repair service and inspections. All you have to do is have the All in One, fill it out properly and then get it signed. Then go do the work. Any other combination of events is plain and simple wrong and risky, risky for you and your subcontractors and vendors, such as your insurance company. Once the proper contract is signed you are contractually covered for the work you will be performing. What is a proper contract? It starts with a contract that is drafted with the most protection you could hope to have by contract, comply with up to date laws, manufacturer requirements, trade custom and practice and contract provisions that the industry has come to recognize and appreciate, and yes, the smarter ones, insist on. The Kirschenbaum Contracts TMfit the bill. Once you get it signed you're good to go; just be sure to get the contract updated from time to time and it's best practice to get your subscriber to sign a new contract from time to time, hopefully when you have surveyed the system and recommended upgrades. So what do you give a subscriber [or customer - who I'll define as not having an RMR agreement with you] when doing a service call? You can get a Service Slip signed acknowledging you were there and left the system working, or an invoice, accomplishing the same thing and also setting forth the cost of the repair or inspection. But make no mistake, the "service slip" or "invoice" is NOT a substitute for a signed agreement covering the system and services and all other material terms of the agreement. K&K does not offer Service Slip or Invoice forms. You are free to design these. Don't even try to get around using a formal agreement [the All in One] by designing an elaborate Service Slip or Invoice. There is little chance you will do it correctly, get it signed before or after the service call by an appropriate person and end up with an enforceable written document you can rely on to protect yourself from outrageously ridiculous or real claims. ******************* 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
