Lawsuits for not installing additional AFCIs?

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iwire

iwire

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Location
Massachusetts
The Mike Holt newsletter I just got had a link to a pdf file we should all read.

It is by law the law firm of Cozen O?Connor.

Here is one part where they discuss possible future law suits against contractors for failing to go beyond the code.

By: William N. Clark, Esq.

Failing to Install or Recommend the Installation of AFCIs In addition to cases arising out of the failure to install code-required AFCIs, theories may be formulated resulting out of a contractor?s failure to warn and recommend that additional AFCIs be placed into living spaces. For example, in new construction, the issue is whether the design professional, general contractor or electrical subcontractor should have recommended to the purchaser of the residence that AFCIs be installed to protect branch circuits in all living areas.
Click to expand...
To see the whole thing click here

You will need Acrobat Reader

[ July 01, 2003, 03:23 PM: Message edited by: iwire ]
 
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bennie

Esteemed Member
Re: Lawsuits for not installing additional AFCIs?

I predicted a class action law suit over the AFCI issue, but not in this direction.

I predicted the lawsuit would be over forcing the consumer to buy them, this is a reverse spin.

Law suits like this can really hurt the industry.

Code making concerns may get out of the business.
 
don_resqcapt19

don_resqcapt19

Moderator
Staff member
Location
Illinois
Occupation
retired electrician
Re: Lawsuits for not installing additional AFCIs?

Brayn,
Maybe to be completely safe, we would have to recommend that our clients do not install electricity to their buildings as there is no possible way to make the use of electricity 100% safe.

Don
 
iwire

iwire

Moderator
Staff member
Location
Massachusetts
Re: Lawsuits for not installing additional AFCIs?

If I run NM in the walls and the homeowner cuts into them am I liable because I did not run it in RMC? :D
 
R

rickcham

Member
Re: Lawsuits for not installing additional AFCIs?

Interesting article, Leaves a lot to consider when speaking to the average homeowner who know only that that magic switch on the wall makes the lightd go on!! I can now picture a contract to give to a customer 2 pages explaining what work I will do for him and about 50 pages of what the lawyers recommed I advise him of. And he should sign off saying I have explained all dangers of electricity and it may help that I hand him his own code book to be able to reference the information.
I now know why Lawyers are making so much, I guess the personel injury business is slowing down.
 
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bennie

Esteemed Member
Re: Lawsuits for not installing additional AFCIs?

I heard that attorneys invented copper wire by fighting over a penny. :D

[ July 01, 2003, 04:26 PM: Message edited by: bennie ]
 
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macmikeman

Senior Member
Location
Planet macmikeman
Re: Lawsuits for not installing additional AFCIs?

I'm glad im 48 years old and only am going to have to put up with this type of paranoia from the legal unproffesion, for about 15 more years. Maybe if I get lucky I can go ahead and croak before its my turn to get sued for not recommending against all possible potential hazards, even after careful application of all code rules
 
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pierre

Senior Member
Location
Westchester County, New York
Re: Lawsuits for not installing additional AFCIs?

Our industry is not the only industry that has this type of situation, where every step could 'be your last' in business. I am not condoning the lawsuit actions that seem to be around every corner, what I mean is that they exist and we should be aware of them. They are not going to go away because we are mad or do not like them. We do have a choice as to what we do, and if we pay attention our work choices usually are better ones. I would think if a person decides to go into contracting today, part of the preparation should be to expect to be in litigation at some point during your career. This way at least mentally we are prepared. I would say most contractors do good work, but all it takes is a mistake and ....
I was at a code seminar about 3 months ago, and the man sitting next to me was a constuction attorney. I asked him how well did he know the NEC, and he told me he was an expert in it. I asked him why he was at the seminar, and he said that this is how he keeps tabs on how well the 'men in the field' know the code. I then asked him what he thought of our general knowledge, and he said that most of us do not read the code well enough, and he said more training should be required. BTW- this guy defends electricians, he thinks we mostly get a bad rap.
He also said that the 'law community', is waiting to see how the results of the first lawsuit pertaining to AFCI's will pan out. He basically said that a contractor who knowingly does not install an AFCI to the 2002 minimums, is leaving himself open to a lawsuit, and the newsletter that Mike has put out now corroberates that to me. In New York, AFCI requirements are being followed to the '99 code, and a lot of places do not even understand the installation requirements, because NY State has adopted a new building code that 'PARTIALLY' supercedes the NEC.
I have no idea what is going to happen, what I am guessing is at least one contractor might be in for a rough road soon.
This is why more should read these posts to keep up with this industry, keeping one's head in the sand only leaves one thing sticking up in the air!

Pierre
 
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bill addiss

Senior Member
Re: Lawsuits for not installing additional AFCIs?

Pierre,

As an aside, I believe that AFCI's are officially not being required in NY State because the NY Residential Code specifies Rules and Regulations for Electrical Wiring in Homes and AFCIs are not mentioned. The stance is that they may be used, but are not required.

I have a copy of an official interpretation from NY State somewhere. If you (or anyone else) would like to see it let me know.

Bill
Bill@Electrical-Contractor.net
 
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pierre

Senior Member
Location
Westchester County, New York
Re: Lawsuits for not installing additional AFCIs?

Hello Bill

Thanks for the offer, I have a copy of the letter that was sent out. BTW- isn't it funny how much 'stuff' you accumulate, and how it becomes very difficult to find when you look for it!!!
For information:
1. The new New York State Building code falls under the Fire Prevention provision.( I can not remember the exact name of it, if you would like it I will be in my office tomorrow and post it)
2. There are 9 tittles that are under that provision.
3. The NEW YORK STATE RESIDENTIAL BUILDING CODE (NYSRBC) is one of them. In this, AFCI's are not required. It was written and adopted before the '99 NEC code, therefore it is not required in 1 or 2 family homes that have their own egress to the outside.
4. There is also a tittle called, BUILDING CODE OF NYS.
5. Another tittle that is going to have great impact on NYS electricians is the ENERGY CONSERVATION CODE OF NYS.

A VERY IMPORTANT RULE IS, ANY RESIDENTIAL OCCUPANCY OTHER THAN 1 & 2 FAMILY HOUSES THAT ARE BUILT IN NYS (such as 3 family and multi-family of any size) WILL BE REQUIRED TO BE AFCI PROTECTED ACCORDING TO THE 1999 NEC!!!

Also, in other than 1 & 2 family houses, you follow the BUILDING CODE OF NYS, and when you do, than the 1999 NEC is adopted in its entirety.

It gets even more confusing when the 1 & 2 family houses have a service larger than 400 amps, and there are certain situations in 1 & 2 family houses where the '99 NEC is followed. AAAAHHH!!!
There is some confusion, even with the 'Building officials', it is going to take time to iron out.

Pierre
 
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