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more on subscriber's form and liability for shop drawings / more on sending signal transmission to the central station October 13, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on subscriber's form and liability for shop drawings / more on sending signal transmission to the central station
October 13, 2017
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more on subscriber's form contract re Oct 7, 2017 article
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Ken,
    Your recent article on AIA contract requirements did not did not discuss owner’s supplied design drawings that has a direct correlation with your article without any responsibility to notify the owner on errors, why?   
    Big real estate firms are now doing and requiring to manage insurance and other responsibilities. Thet are requiring and charging vendors to register each year, hold harmless agreements plus insurance requirements that I am sure that I and most others alarm firms cannot meet such as primary noncontributory coverage that is way too expensive. I will see shortly what they are when I request them before I decided not to participate in the program and sue the customer for the balance of their monitoring agreement due to nonpayment that was in effect years before they engaged this firm.
anon
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Response
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    Subscriber form agreements are packed with lots of provisions that expose you to additional risk and liability.  You have to decide if the risk is worth the job.  Sometimes it is, and you then need to take a few other measures to protect yourself, such as beefing up your insurance coverage, trying to limit your exposure to the insurance coverage, getting insurance from the same carrier the subscriber is insured by, and, finally, being extra diligent and careful performing your services.
    Perhaps one of the more onerous provisions is the one that requires you to notify the owner and architect if you are aware of any design or construction defects; not just yours, but all work performed by you or others.
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follow up on the Napco Starlink product from September 29, 2017 article
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Ken
    To follow upon on comments.  Most of the so called new means of sending the transmission of signals to the central station as recently presented use the existing DACT in the configuration.   So what is the problem with this and potentially new installations?   The so called old technology (DACT) has not gone away and is required for the new technology.   What happens when the on board or out board DACT goes bad?   Do you have to go buy a new one and install it since the new technology will not work without it.   Are these manufactures going to continue to make these old products in order to use and support their new products?        Most manufactures have failed to provide a new product solution that does not rely on the old means of signaling such as with some sort of interface buss for a direct connection to the fire alarm system from the transmitter.   This current fix is nothing more than adding one more box to put on the wall without eliminating the current DACT and related technology.   Yes the manufactures will defend this practice, but it is nothing more than a work around as opposed to a real fix going forward.   
     In addition, the recently featured product only has three so called conventional zones that can be used somewhat.   What can you do with three zones when it applies to a fire alarm or sprinkler monitoring, nothing.    So the big question here is how to eliminate the DACT from the process completely and still get full point ID communication as opposed to this so called poor solution now in place?   Make note that most of the DACTS installed are very aged at this point and are the weak link in these so called solutions.   
     Let’s see if there are any positive replies to these comments as opposed to justifications as to why the status quo is acceptable.
Yours truly
Doubting Thomas
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Response
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    Talking about manufacturers changing and supporting their products, those of you who signed on for the Dragonfly program, and technology, originally manufactured by Videofied and sold to Honeywell a year ago, were probably as shocked as I was to receive notice from Honeywell that the Dragaonfly program and systems are discontinued and won't work after end of this year.  Anyone want to buy a hub and 16 cameras?  There was no explanation from Honeywell, who I suppose think they are above explaining themselves to anyone.
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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
516 747 6700
www.KirschenbaumEsq.com