Subcontract issue / thank you for all that you do / ISC EAST September 5, 2024

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Subcontract issue / thank you for all that you do / ISC EAST
September 5,  2024

thank you for all that you do

          This is me thanking you ….for what?  Reading the articles on this forum; contributing to the articles; supporting those that support the forum, place their posts on The Alarm Exchange and all of you who do business with and support those vendors offering their services on The Alarm Exchange.
          This forum is, I believe, the largest distribution in the security and fire alarm, low voltage and electronic integration industries, and certainly the most read on a daily basis.
          First, let me assure you that the K&K email list is used exclusively for distribution of the articles, which is distributed by two separate bulk mailing services, as many of you know because you get both emails daily.  Emails are sent every day; there is no charge for the articles.  The classified section, The Alarm Exchange, which is also free, is updated daily as needed, and I believe it’s the largest and most active classifieds in the industry, visited by the most in the industry. K&K does not sell or share the email list with anyone, for any reason.  We retain only emails, no names or other information.  It’s free; you can subscribe all the addresses you want and you can always unsubscribe, though you won’t be able to re-subscribe that address.  So your email is secure.
          Now here’s the ask.
          I’d like to make the forum even more available by increasing the distribution, so here’s the “ask” and sweetener added in:
Send us emails of those in this industry, one email on each line, and we will add them to the list.  Whether it’s your association list, for vendors to the industry your alarm dealer list, employee list, central station list, send it to me pasted on your email or as WORD or XL attachment. [this is not request for alarm customers list -the forum isn't for alarm customers]
          K&K will give you $100 credit against K&K contracts or Concierge Program for every 100 emails.  You can use the credit yourself or if an association raffle it off or use it for promotional purposes.  We will honor the credit to your “assignee”.  Thanks in advance for your efforts and assistance.

Subcontract issue

Ken,
          In the very near future, we are possibly going to be using a subcontractor to do some in-depth sprinkler work for a customer, specifically the 5 year internal inspection. With that being said, I want to ensure that I am protected in all areas... Or as much as possible. What do you recommend I use between us and the contractor who will be doing the work?  What type of legal document should I utilize to prevent (or deter) the sub-contractor from poaching my clients?
          I'm new in this industry. I really appreciate someone who has a voice, and publicly shares feedback. You are appreciated.
Regards,
Noah
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Response
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          Short of using a full fledge AIA subcontract agreement or knockoff [which I think unnecessary; ridiculous really] you should use the K&K Subcontract Agreement for hiring company.  You mention that this is for fire protection work, sprinklers.  The answer would be the same for fire alarm subcontracting.
          The K&K subcontract addresses the issue you are concerned with, confidentiality of the customer.  If also deals with dispute issues, payment, remedy, scope of work and material.  It is, I believe, all you need and it’s rather short and simple.  You definitely need a contract between you and your subcontractor.
          What is of even more important though is your contract with the customer.  The contract for the work you describe would be the Fire Protection All in One.  [Fire alarm would be Fire Alarm All in One].  It’s the Fire Protection Agreement that is going to define the work and material and address all aspects of the relationship between the customer, you and by extension the subcontractor.
          The subcontractor may not appreciate your using the Fire Protection Agreement with the customer along with the K&K Subcontract agreement, but the subcontractor [and you for sure] will be thankful for those agreements if there is a customer loss after the installation.
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ISC East - private meeting
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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