Comment on Extreme Working Conditions
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Ken,
Isn’t this already essentially covered? Pulled out my trusty All in One this morning and right under DELAY IN INSTALLATION: “Company shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including Company’s negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence” I’ve added the underlining to illustrate the parts I think cover delays due to extreme working conditions. My favorite phrase here is “time is not of the essence.” Admittedly, this doesn’t seem to cover Eli’s concern over additional cost to him related to extreme working conditions but I wonder why these conditions weren’t taken into consideration in the original price. It seems problematic to go back to change pricing based on previously unknown conditions. Maybe a Change Order form would be a good idea.
John Haenn, President
Concord Communications Group, Inc.
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jwh@voip-rmr.com
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Ken,
Here is how our current version of the CA lease residential all-in-one agreement already deals with inclement or extreme weather, such as Eli H describes.
26. SET-UP DATE: DELAYS: The Set-Up will begin, and is estimated to be substantially completed, within 90 days from the date hereof. Failure, without legal excuse, to begin the Set-Up within 20 days from the date specified in this Agreement is a violation of the Alarm Company Act. The Set-Up shall be deemed to begin upon the sooner of programming or delivery to the Premises of any portion of the System, or account activation in Monitoring Station. The estimated date the Set-Up is to be substantially completed is not a definite completion date and time is not of the essence. Company SHALL BE EXCUSED AND shall not be liable for any loss or damage sustained by Subscriber, as a result of delay in the Set-Up, damage to or failure of equipment and/or software, or for interruption of Service due to electric failure, strikes, walk-outs, war, terrorism, acts of nature, or other causes, including Company's negligence in the performance of this Agreement, and Subscriber shall not be relieved from payments due under this Agreement for such period. Subscriber warrants that no enforceable agreement with any third party will be impaired by this Agreement or Company’s performance hereof.
ANON
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Response
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Hazardous work conditions, extreme weather conditions, hazardous and noxious chemical conditions become an issue during the project. The Standard Form Agreements have been updated to address hazardous conditions and unsafe working conditions.
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