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 white list ken@kirschenbaumesq.com ******************************* Webinar notice / Comment on temporary security October 10, 2019 *************************** Notice: New K&K Concierge Program perk. Concierge clients will be credited half hour each month for subscriber contract review. This credit does not carry over to next month; it’s $250 value each month. Use it or lose it. This perk adds up to $3000 value to the Concierge Program. To learn more and sign up for the Concierge Program click here: http://www.kirschenbaumesq.com/page/concierge *************************** Webinar notice ************************* Title: Subcontractor v Employee and Consequences of Misclassification When: October 17, 2019 12-1 PM EST Who Should Attend: Alarm owners, managers and CFOs Presenter: Michael Foster, Esq. and Ken Kirschenbaum, Esq. More information: Proper classification and consequences of misclassification of independent contractors and employee s; 1099 v W2; California's new law and how it impacts other states. Register here: https://attendee.gotowebinar.com/register/8194366993832988675 ************************** Comment on temporary security from article on October 7, 2019 *************************** Ken Part or your response to can a GC sign a temp security agreement on October 7, 2019 raised some concern for me. Part of your response was, “Be leery if asked to sign a GC's contract because it's going to have an indemnity provision that likely requires you to indemnify the GC and the Owner.” We are asked to do temp security systems on almost all high end residential construction sites that we work on. We are also often asked to sign a subcontractor agreement indemnifying the GC and owner for those sites. The GC always signs our monitoring agreement. Those agreements are never for very long and often a loss leader for getting the long term contract once the client takes residence and signs our agreement. What affect does our signing the original GC contract have on (1) our temporary site security and (2) our long term contract with that client? The second concern extends to projects where we don’t do temp site security but are required to indemnify the GC and owner during the construction and system installation phase, then sign the client up for a long term contract once they take residence. CC ************************** Response ************************** For temporary site security you should use the Commercial Lease All in One because it’s short term agreement and you continue to own the equipment. While you can sell the system, you may find the GC or Owner is reluctant to invest in equipment that is intended to be used for short duration only during construction. All of the issues that require a proper contract in place before providing security or fire alarm service applies during temporary construction work; maybe more so. You should not be indemnifying the GC or Owner, except for damage you cause while on the premises. You definitely need to be careful that your indemnify does not include alarm failure, During construction phase you can sign with GC or Owner. Once that phase is over you want to sign with Owner for the RMR work. ********************* To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
