KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Should fire system designer share in liability if there is loss / coverage for willful misconduct
June 17, 2023
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Comment on Should fire system designer share in liability if there is loss from article on May 24, 2023
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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
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Response
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          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.
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Comment on Will K&K contracts protect you from deceptive business practice claims in Texas or other states from article on May 19, 2023
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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
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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