KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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What to look for when signing the AIA agreement / Liability issues Regarding Fire Alarm Panels  Part 8 / ISC meetings
October 21, 2024
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Time is running out.  We will soon be closing the meeting time opportunities.
Schedule your free private meeting with KK at ISC East
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    If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.comConcierge Clients will have priority.
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What to look for when signing the AIA agreement
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          The AIA agreement is overwhelming.  It’s not enough to say it’s long, complicated, lop-sided and pretty much adverse to all your interest.  About the only thing that could be described in the AIA agreement for the subcontractor is that the subcontractor got the job because it was signed.
          I am asked to review and comment on the AIA agreement frequently.  Almost always it’s not possible to do the review in a half hour [the free allocated time for Concierge Clients] or for any amount of time anyone would expect to pay for the review.  Here’s why.
          The AIA agreement is not a single document.  It almost always incorporates by reference and refers to other documents that are part of the agreement.  Generally you won’t get to see those other documents so you are asked to sign in the blind.  You agree, you’re stuck.
          One of my first questions when asked to review the AIA is to ask my client if he or she read it, because you need to.  The lawyer’s job, [except for lawyers with nothing else to do or who intend to rip-off the client or a control freak that doesn’t understand the role of an attorney] is to explain provisions that the client doesn’t understand or wants to know if it’s too risky to agree to.  It’s not my job to explain the hoops and hurtles you will have to go through to get paid or what you will need to do if you want to litigate or dispute any item, such as getting paid.  Say you’re in Florida and the AIA agreement says you have to litigate in Oregon, what could I possibly add to that?  You need to read the agreement. 
          There are provisions you need to focus on and challenge, unless you knowingly assume the risks.  The indemnity provision and insurance procurement provision.  You are going to be required to get insurance and name the GC, owner and architect as additional insured and your policy is going to be expected to be the primary policy.  You need to make sure that your policy and additional insured status is limited to your negligent acts, not anything that happens to go wrong at the site.  You need to be certain that your indemnity is limited to your acts, only for what’s covered by your insurance and limited by your insurance coverage.  For me, my recommendation is walk from the deal if these changes can’t be made.
          The indemnity also needs to be clear that it’s intended for injury or damage caused by the negligence of your employees and it is not intended to cover loss by reason for equipment or service failure. 
          You will be better protected if you can add your Standard Form Agreement to the AIA and add a provision in the AIA that to the extent any other document is inconsistent with your Standard Form Agreement that your form agreement will govern.
          You will find the Concierge Program well worth the cost even if one job is saved or negotiated to reduce your exposure and risk.  You get free half hour each month and that’s all a review and negotiation should take if you have a reasonable contractor or owner, and you cooperate in the review.  Join the Concierge Program today, or finish law school. 
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Liability issues Regarding Fire Alarm Panels  Part 8
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          This is the last in the 8 part series by John.  I thank him for sharing his expertise and knowledge with us all and I hope you learned something.  John is available for consult so don’t hesitate to reach out to him.
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Liability issues Regarding Fire Alarm Panels  Part 8
      I will provide for those of you that are interested additional information regarding the perfection of installation of surge suppression on fire alarms.  The following drop box links may prove useful.
The Perfect setup for surge suppression on a Fire Alarm system
Product Information for AC power and low voltage
Noise on SLC or NAC
Dealer Price list
This entire article in a PDF Format
 
       Also, I will provide a Dealer price list to help you manage what you need. 
    Even with all this information, it would still be wise for you to consult with me on the phone for a few minutes and of course the process of payment.  You have learned a lot, in a short period of time, usually on the throne, honing your professional experience with a renewed sense of awareness.
  Sincerely
John E. Pecore, BSEET, MBA,  President
Power Quality Engineer in the Life safety Industry
Stormin Protection Products Inc.
www.storminprotection.com
www.firealarmprotection.com
Lawtey FL. 32058
727-823-6100 x 1
jpecore@earthlink.net
john.pecore@storminprotection.com
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Featured Listings for Sale
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For Sale: Lewisburg, West Virginia. Alarm accounts [K&K contracts]. RMR monitoring: $9,872; # of accts: 338 % res: 74%; % comm sec: 20%; % comm fire: 6%; Inspection and service all per call. cs:Security Central, Statesville, NC. On segregated lines; Accts concentrated: Greenbrier County; equip used: Panel: QOLSYS IQ4; software: Mobile Tech, Alarm.com. K&K NDA required for more information. Contact our attorney Ken Kirschenbaum for details. 516 747 6700 x 301; Ken@Kirschenbaumesq.com
For Sale: Southern California: commercial Net RMR $17,000.00; approximately 80 customers with 324 locations. No fire. Concentrated in Los Angeles, Riverside, San Bernardino, and San Diego counties. Third party vendors: Brivo, Eagle Eye, Cradlepoint. Equipment: Genetec, Brivo, Eagle Eye, Ocularius, DMP, Dell, Axis. Monitoring center: NMC. Most under K&K contracts. Panels: DMP. Significant EBITDA. More information requires a K&K NDA. Contact Ken Kirschenbaum at 516 747 6700 x 301 or Ken@Kirschenbaumesq.com
For Sale: Nassau County, New York. approx 221 alarm accounts. residential 190; commercial security and fire 31; RMR approx $13,230.00 [res $8844; comm security and fire $2118; Inspection RMR $2268; Resideo / Honeywell; some Radionics. Vista 20P / Vista 128BPT. Most accounts on updated K&K contracts. Contact Ken Kirschenbaum,Esq at 516 747 6700 x 301 or Ken@Kirschenbaumesq.com. K&K NDA will be required for more information.
For Sale: New Jersey. 90 alarm accounts, 43 residential; 13 commercial security; 29 commercial fire. Central Station: Rapid Monitoring RMR $4100 net; fire inspection RMR $1740. Equipment Honeywell, System Sensor, and M2M; Honeywell panels; one Napco account. 95% are in NJ from Alpine down to LBI. The remaining 5% are in PA and NY (not NYC); all on K&K contracts. Contact Ken Kirschenbaum,Esq if interested. 516 747 6700 x 301; Ken@Kirschenbaumesq.com; K&K NDA will be required
For Sale. Phoenix area, Arizona., 181 alarm monitoring accounts [115 res; 66 commercial; commercial fire 5]. Net RMR $4700.00; DSC panel and equipment; Microkey softrware. Older contracts for most part. K&K NDA required for more information. Contact Ken Kirschenbaum,Esq at ken@kirschenbaumesq.com or 516 747 6700 x 301.
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K&K Holiday Party - Save the date:  December 12, 2024
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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