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Question: Does contract have to have line item for surveillance
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Ken
I have a question that I would like to have you put in your newsletter.
If I have an existing Burg/Fire customer under contract, and I install a surveillance system, am I covered under that existing contract. It's not one of your Standard Form Contracts but written by a knowledgable alarm attorney. Does the contract need to specify surveillance as a separate line item in the contract?
JH
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Answer
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Have to? No. But if you don't cover all of the different systems that you install how can you expect the contract to cover all of your bases. Sure you can address security in a general way and invoke all of the disclaimer and protective provisions, but there is more to a security contract than those protective provisions. It's hard enough getting what you need in the contract without trying to combine every conceivable system available. That's why I won't combine commercial fire with commercial security. You need the Commercial Fire All in One and the Commercial All in One.
Need is perhaps too strong a word. Preferrable is a better choice of words. The All in One agreements, both the commercial and the residential, break down the various services and systems, and separately price each. The idea is that you will be better able to focus on each of the services and your subscriber is going to expect to pay for each service. It's all about presentation. So the All in One specifies cameras, CCTV or streaming, video clips or real time monitoring, data storage and retreival. The service is explained and leaves little for confusion.
The contract you have is also most likely out of date. It may still cover you sufficiently because the protective provisions have not had much change [though they have been modified within the past year or so] but it has to be out of touch because the technology has changed. Two years ago the contracts could not have anticipated some of the systems that are available now.
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Cameras and lock liability
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Ken,
Regarding cameras and lock liability, an example of a terrible outcome comes to mind. If you look at one of the most famous cases of the last century you will find a very interesting angle that most everyone totally missed.
I'm talking about the Nicole Simpson & Ron Goldman murders.
As it was revealed in the murder trial, the night of the murders Nicole was called from the intercom at the front gate of her residence. Apparently it was Ron attempting to return her glasses she left at the restaurant he worked at. The electronic door release had failed in the past and failed that night as well, forcing Nicole to go down, outside of the safety of her condo, to let the visitor in. It appears that vulnerability exposed both of them to the attacker in the secluded ground floor courtyard.
I have always been amazed that there was never any 'exposure' to the homeowner's association, the company that installed/serviced this system, the private patrol company that apparently was aware of the failure, etc. during(at least) the wrongful death suite that later ensued. Being in the security industry and following this case and scenario closely, I have always been intrigued with this 'wrinkle' in this unfortunate criminal case.
Your thoughts here?
Ben
Security One Group
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Response
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Good point and good catch. Suing alarm and locksmiths is never a slam dunck but not like attorneys to miss an opportunity. I don't know why no one looked in that direction. It's really the landlord who has the exposure, not the alarm or locksmith contractor, unless they provided service within a reasonable time frame of an incident. Alarm companies will usually have a contract in place; not so much the locksmiths. They don't tend to be sued as much. Something to look forward to.
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Speaking Engagements
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Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY. This is the NYS Electronic Security Assoc annual meeting. Presentation on updated contracts and current legal issues will be at 10:30 AM. For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301 dalereller@itzsolutions.com
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
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