More comment on Should fire system designer share in liability if there is loss/coverage for willful misconduct July 17, 2024
Homepage > Alarm & Security Law > Alarm Articles > More comment on Should fire system designer share in liability if there is loss/coverage for willful misconduct July 17, 2024
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 ****************************** More comment on Should fire system designer share in liability if there is loss/coverage for willful misconduct July 17, 2024 ************************ Comment on Should fire system designer share in liability if there is loss/coverage for willful misconduct from article on June 17, 2024 *********************** Ken: I just had to ‘jump in’ regarding the lack of design for fire protection. BE SURE TO HAVE AN A&E with PROPER certifications STAMP any and ALL Plans. Don’t just try to bypass that phase of the process as I heard of a Dealer who just presented the prints to the city he had ‘designed’ and got nailed several THOUSANDS of dollars. As he was NOT an A&E and was trying to save a few bucks or perhaps Time, as we ALL have been under time constraint pressures of get it DONE NOW. Just my 5-cents (*used to be 2, but with inflation and all!!) Respectfully, Joseph (Joe) Pfefer, Founder & C.E.O. Jade Alarm Co. ************************** Response ************************** The Fire All in One is the appropriate contract for commercial fire alarm sale, installation and after-install RMR services [monitoring, inspection, repair]. That contract makes it crystal clear that you are recommending that the fire alarm system be designed and installed in compliance with applicable building and fire alarm codes. That usually requires filing plans and specifications of the system with the AHJ, typically the Fire Marshal, building department or fire department. Plans need to be stamped [not sure if this applies in all jurisdictions], and the law will specify who is authorized to stamp or file the plans. In New York only an architect or engineer [and I think a land surveyor] is authorized to file plans. In other states, and even in some areas in New York, plans may be prepared and filed by the fire alarm company and in some places plans, permits and inspections are either not required or there is no enforcement of the law available. Many of you rely on independent services to design and file plans and specifications for fire alarms. Either you or the subscriber is engaging the architect, engineer or designer [if authorized to stamp or sign the plans]. If you engage the independent party you should be asking a very simple question: “do you have insurance and how much”. That should be followed with “add us – the fire alarm company – as an additional insured”. Why? Because a designer, architect or engineer who is negligent in the performance of their undertaking should be, and is, liable for losses proximately caused by the negligence. You are relying on the plans and specifications for several reasons. First, you base your contract price on the scope of the job and equipment needed for completion. Second, if you need AHJ approval and permit mistakes in plans or specifications will hold up the approval; that’s one problem. The other problem is that mistakes may not be found until the job is underway, perhaps installed, and the AHJ decides that there are mistakes or something else is required. Customers who are required to add to the system, replace equipment and pay more money are generally not happy about it, unless it’s the customer who requested the change order adding to the job. Don’t be shy about asking about the insurance. I suspect you may be surprised to find out how many architects and engineers, or designers, don’t carry any insurance or enough insurance. You should think twice about working with any independent contractor who doesn’t have insurance. You should also be aware that any subcontractor you engage will have the protection of your Fire All in One because that’s precisely what the Fire All in One provides. Be sure your Fire All in One is updated. Avoid having your company go up in flames [and maximize the equity value of the contract by using the Fire All in One]. ************************** 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
