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 ****************************** When signing with builder, commercial or residential all in one, and who should be signing June 5, 2024 ****************** When signing with builder, commercial or residential all in one, and who should be signing ******************* Ken When dealing with a client’s builder (hired by client to build a home) and we are brought in by said builder, if we have no communications with the client is the builder able to sign our contracts on behalf of the client? Will the contact be valid in New York? Lonny ****************** Response ******************* I broadened and compounded the question. The question confused me a bit because you say that you have a client [which means you have direct relationship] and the client wants you to deal with a builder, not the client. You want to know can the builder bind the client. Before we get to that, how about we figure out which contract we will be using to get started. This project is going to start with sale and installation. While the All in One covers that plus all the after-install services, you may want to use a contract that is limited to the sale and installation. Also, in this case since you are installing essentially for the builder, not the client, you can use the Commercial All in One, using only the sale and installation part of the All in One. You are being hired as a subcontractor of the builder. If the actual facts are that it’s the client who is hiring you and you want to know if the builder is authorized to act on behalf of the client [technically, as a disclosed agent for a principal] then you need confirmation that the builder has actual authority to act for and bind the client. You need that confirmation from the client, not builder. In that case you should be using the Residential All in One, because the builder is acting in place of the client, in this case a homeowner building a residence. That Residential All in One should have not only the sale and installation, but all the after-install services, the RMR services, priced and check-marked, ready to commence as soon as the system is active. In the first situation, when the builder hires you for the install, you will want to get a Residential All in One signed by the client for the after-install services. You should not wait until the install is done and the after-install services ready to be activated because you may forget to get the Residential All in One signed by the client or the client may decide not to sign your contract or want your services. In that case you did an install for what might have been a loss or far less money than you would have charged had you known you were not getting the after-install services. *********************** 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
