what should not be in your security or fire alarm contract June 10, 2025

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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what should not be in your security or fire alarm contract
June 10,  2025
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what should not be in your security or fire alarm contract
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Ken,
   You constantly state what is necessary in a contract, but never address what should not be in there that will get you into trouble, so why not do so in an article? For example, from what I saw recently, was a statement that "off hour telephone calls for problems would be returned within one hour and that required service calls will be responded to within 4 hours". Why would anyone put that burden on themselves in an agreement, even if they do it? Doomed to fail at some time.
   Another example. A statement with different wording variations that the service, repair and inspection of the fire alarm system will meet all the required state and local codes. Even if you think that you plan to meet all the codes there are so many of them that if reviewed by someone knowledgeable they will always find some that were not performed, such as with other related systems like elevators and HVAC system. Yes, you can defer that responsibility to others, maybe, if stated in the contract, but that is not the case in most agreements. This item alone can be used again the servicing firm as not being compliant. Best of all is when that statement also includes and says that it will meet all the requirements of the NFPA and fire department; that is the kiss of death. There are constant changes in all requirements and codes in different forms not limited the Service Notices, Bulletins etc. by many different agencies and if you are not n the loop you will never know about. Also, if you are not a member of the NFPA and know the version of the code that applies in your area of business things will be missed. Membership or registration is required in some degree to access them.
   While everyone may attempt to do their best, by stating anything that need not be only will cause problems that some firms believe need to be in their agreements related to the services to be provided.    Other than defining the scope of work such as test, inspection and cleaning of the access able smoke detectors, nothing else has to be said for the best interest of all. Testing and inspection reports proved after that fact will show what was done and that is enough.
   Something to think about.
anon
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Response
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   I do often write about "what is necessary in a contract" and those articles are preserved on the K&K website in the Alarm Articles Page.
   But what is necessary in a contract includes the work you intend to do and how you intend to do it. One of my first alarm clients told me that didn't want to list equipment in the agreement, preferring to simply write "burglar alarm" or "fire alarm" [there were no cameras or access control in those days, at least for this company]. It certainly saved space in the contract but I just don't think it would pass muster in today's contracts; in fact I am certain it would not. For one thing consumers contracts require a list of equipment; fire alarms require detailed plans and specifications with specific equipment and customers want to know what they are getting and perhaps the brands they want because the saw the ads and commercials.
   It's important to provide for the standards you intend to abide by in the contract. Adherence to manufacturer installation instructions, customer and practice, laboratory guidelines, building and AHJ codes, is not only a good idea, but required in most instances, especially if you want to win a law suit.
   But I do agree that some detail in a contract is not only unnecessary but a trap for the unwary. I agree that it's not a good idea to commit to performance levels that are unrealistic or ones you are unlikely to be able to adhere to. Agreeing to return calls within a specific time or perform your service within a specific time are time commitments your customer will hold you to and your failure to deliver could be determined to be a breach of the agreement with consequences you don't want to think about, but should.
   The Standard Form Agreements do a good job of providing that you will adhere to those standards that you, as a security or fire alarm specialist should adhere to, and it does a good job providing sufficient leeway for those items of performance that are more or less discretionary. I'd like to say just use common sense and be realistic, but that is not the standard you will be held to. You are a professional, in all likelihood licensed, and you will be held to that standard. You chose this industry, be serious about it. Using Kirschenbaum Contracts TM and joining the Concierge Program are two great beginnings for conducting your life safety business.

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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