December 1, 2011

 

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Question

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Ken

You know how grateful I am that you keep producing this daily forum injecting legal principles where required and letting the dealers/installers vent to each other about business principles. Your service to the industry is legendary. Keep in good health and do this for a long time to come.

IKE from Florida raises a good point.

Why do we have to get plans drawn and designed by an engineer who then hides behind the caveat that :

"SUCCESSFUL BIDDER IS RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS, ORDINANCES AND CODES NOT COVERED IN THIS DESIGN."

 

This statement on the bottom of an engineers plans is saying:

"I MAY HAVE SCREWED UP IN THESE PLANS AND IF YOU FOLLOW THESE PLANS EXACTLY YOU MAY BE WRONG IN YOUR INSTALLATION. IT IS THEREFOR YOUR JOB TO DOUBLE CHECK MY WORK BEFORE YOU BID THE JOB AND IF I MADE A MISTAKE IT IS NOT MY FAULT.:"

Have I oversimplified the issue???

Joel Kent

FBN Security Co LLC

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Answer

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An interesting point and one that security professionals should be aware of. Although local law or AHJs may require plans and specifications to be signed by an architect or professional engineer, that may not get you, the installer, off the hook. Last time I read the AIA form contract, as I recall, the terms clearly required the contractor to advise the architect if the plans deviated from code or manufacturer installation requirements, apparently in an effort to shift the burden to the contractor. That notice may only be applicable when the contractor has actual knowledge.

I think despite that terminology each professional will be responsible for their own errors unless there is a specific indemnity provision. [unless that indemnity provision is prohibited by statute].

When's the last time you asked the architect or PE you work with for the plans if they still carry malpractice insurance? Make sure they do and get yourself named as a certificate holder entitled to notice of expiration, termination or non renewal of the policy. Even better, get yourself names an additional insured.

Even without a contract terms that requires you to comply with code, etc, despite plans and specs to the contrary, you should bring such deviations that you are aware of to the attention of the architect and owner, in writing, recommending changes to comply with proper installation.