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Who has authority to discuss signed contract for fire alarm
June 12, 2024
Who has authority to discuss signed contract for fire alarm
    A customer who has claimed to be the owner of the building has signed our fire alarm agreements for installation, monitoring, and inspections. This owner is now asking the tenant to foot the bill, and the tenant is trying to talk to us about the contract. We informed him that we are contracted with the owner and not him, and that any communication about the contract or payments need to go through the owner. He is arguing the installation at this point.  He texted me saying that the owner may not even have authority to sign an agreement, but I cannot verify that.
      My question is, if we should even be talking to the tenant about this installation? The owner is no longer responding to emails, phone calls, or text messages.
    I was going to send an email to both the tenant and the owner to let them know that we need to move forward with this installation, but I wanted to make sure I wasn’t opening up a can of worms by engaging the tenant.
 Thank you,
 Dan G
            Sounds like you’re installing fire alarm in tenant space.  You were right to get the owner of the building to sign for the fire alarm.  Whether the tenant ultimately has to pay for it is an issue between the landlord and tenant, not you. 
            Also sounds like you’re getting ready to slide into the rabbit hole with this one.  You have a contract to install a fire alarm.  The owner who signed the contract is ignoring you and apparently you need to contact the owner before starting the installation.  If the owner and tenant doesn’t sort this out, make whatever payment is required and permit the installation as scheduled, then the owner is going to be in breach of contract; but that will be the case only if you are ready, willing and able to perform your part of the contract.  Don’t be misdirected and sucked into a dispute you shouldn’t be part of.  What should you do?  Try and perform the agreement.  If you are prevented, or don’t get necessary cooperation and payment as required by the contract, send it over to K&K’s collection department.  Trust me, we will get the attention of the party who signed that contract.

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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