Comment on Should fire system designer share in liability if there is loss / coverage for willful misconduct June 17, 2023
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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 ********************** Comment on Should fire system designer share in liability if there is loss / coverage for willful misconduct June 17, 2023 ************************ Comment on Should fire system designer share in liability if there is loss from article on May 24, 2023 ************************* Ken: More and more I am finding bid packages for sprinkler system and fire alarm system installations contain fire protection drawings that have so little information on them as to render them useless. The architects and engineers provide the specifications and design parameters, but it is often up to the bidding contractors to ascertain the number and placement of devices, the size of piping, whether or not a fire pump will be required, etc. In addition to the protective provisions in your K&K contract, make sure you have sufficient E&O coverage with your insurance provider if you are doing the design. While many design/build bids are rather simple to design, some may have complexities that you may not be aware of or qualified to take on. My advice, if you aren't sure what the bid is requiring and you don't know if your personnel are qualified to handle items in the bid specifications you are not familiar with, you may want to walk away from the bid. Thomas Mockoviak, Senior Engineering Technician Fyr-Fyter Sales & Service, Inc *********************** Response ************************ I think that’s good advice for doing any work you’re not sure you’re competent to perform. The risks when it comes to life safety are too high to take risks, especially when it will be your customer or other members of the public who will suffer the consequences of your actions. ************************ Comment on Will K&K contracts protect you from deceptive business practice claims in Texas or other states from article on May 19, 2023 ************************* Ken You pointed out that no contract will protect you from willful misconduct, so it that’s the basis of the deceptive business practice the Standard Form Agreements won’t offer much help. I just want to point out that your E&O coverage will also not cover that kind of claim. At best you may get defense coverage but it will surely be with a Reservation of Rights because the carrier isn’t going to pay damages if the deceptive business practice is based on willful misconduct. Bart Didden, Claims Administrator Security America ************************** STANDARD FORM AGREEMENTS: 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 www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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