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 ****************************** Contract relief for extra inspections demanded by AHJ for other trades August 1, 2022 **************************** Contract relief for extra inspections demanded by AHJ for other trades **************************** Ken I've had it with being "inspection central" for everyone. Our primary product is Commercial fire alarm and we do large projects. I have had my fill of demands from inspectors that I require me to be available at their beck and call for a project that is not my product. We know that we are installing a product and we will need our product to be inspected and we must be present when our product is inspected. AND I need to be there when the sprinkler contractor has his product inspected because it interfaces with my fire alarm I need to be there when the elevator contractor has his product inspected because it is controlled by my fire alarm. I need to be there when the HVAC contractor has his product inspected because my fire alarm reacts to his air duct smoke detector I need to be there when the stove hood extinguisher guy has his product inspected because his product interfaces with my fire alarm. Not to mention - Entertainment shutdown - Lighting enhancements - smoke control - door control and a dozen other things that can interface with the fire alarm. AND when these guys fail - we need to be there for their RE-inspection. The inspector will often set an appointment window of 6 hours to expect his arrival. "The inspector will arrive between 8 am and 2 pm" and the inspector WILL NOT reset or touch any alarm system controls (in NJ) so the fire alarm contractor is required to be present." I have billed these visits as extras but I run into objections because the owner often feels that if the inspector requires our presence it is part of my job to be there. On a large job we can have as much as a week of a man time dedicated to waiting for another contractor to be inspected. I know that I do not only speak for myself when I say I need your help wording this extra burden into the agreement to assure that it is understood that these required inspections do not happen at our expense and that we need to be "Hired to be present" for the benefit of another. Looking forward to buying our next update Jersey Jerry *************************** Response *************************** As I read your email I really thought I had you covered by the Fire All in One, but after review I decided to beef it up. With the new updated version, you will be covered for AHJ demands. That hardly ends the discussion though. I think the problem is going to develop when you start billing your customer for the extra time required for other trade inspections. While I have now covered it clearly in the Fire All in One the provision changes certainly don't stand out. If this is the problem that you suggest you might want to make a note of it in your proposal or Schedule of Equipment and Services. Sounds like you need to allocate at least a week's work and understandable that can be costly. Your customer isn't going to like the added cost for inspections either. It might be a good idea to insist that the customer be at the inspection he see first-hand what goes on and the inspection was for other trades. It will give the customer a better perspective of how you were required to be there for other trades and not your work. On other hand, you know in advance that this will be required and should plan for it. Getting your AHJ's cell number might be a good idea so you don't have to wait for a 6-hour window. Maybe other fire alarm experts will have their own ideas on how to deal with the inspections for other trades. I also modified the extra work language in the Fire All in One. Hope it helps. ******************************* 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
