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 other contractors take advantage of your holes during construction November 17 2022 ************************* When other contractors take advantage of your holes during construction ************************** Ken, In the past we have run into issues where others have used holes we made, thus, compromising our use of the hole. Example, we core a 6" diameter hole through the concrete floor for a pipe, and while core drilling on site make additional holes for pipes that will be installed later, another contractor drops their pipe or cables through a hole (or two) and we can no longer fit our pipe in or the required space around the pipe is taken up. This can be worked out on site with wire cutters or a saw but that makes for more retaliation. While a clause in the agreement with the subscriber will not stop this, it may help resolve it, your thoughts? Jeff ******************** Response ******************** This is an interesting issue and one that affects every construction contractor, not just alarm companies. The only contractual resolution of this issue in the contract, the alarm contract or other contracts, would be requiring the GC or owner to compensate you for additional work as well as requiring some policing of the job site. I wouldn’t be surprised if the AIA forms addressed the issue, even if not directly. But I doubt that a contractual provision would be effective. I think the issue needs additional information to fill in each scenario before a determination can be made. For example, what if the hole is left unattended and unused for weeks and another contractor reasonably assumes it’s been abandoned? What if another contractor watches you drill the hole, leave for the night and fills it with his pipes and wire that night? By logical extension I suppose you could be asking about other contractors using your tools, equipment and material; who might think why else would you leave it unattended on the job site? So another contractor takes advantage of your hole. Maybe that hole had some special characteristics and was costly to drill; maybe there are a series of them and all have been commandeered. You’re left to confront the contractor, ask the GC or owner, whoever hired you, to pay for an extra [to drill a new hole] or you eat it. I think it would be prudent for you to mark your hole with some paint or put a sign up saying “this hole isn’t for you”, something like that. Seems like something that should be worked out on the site rather than try and cover it in the contract, which by the way would be with the owner and not other contractors. In closing I guess the best advice is that you need to be careful with your hole so other contractors don’t take advantage of you. *********************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** To order up to date Standard Form 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
