Leading Fire Safety Lawyer Warren Spencer has launched a service drafting terms and conditions for Fire Safety Professionals (FSPs) to minimise their liability under the Fire Safety Order.

Over the last two years there has been an increase in the number of Fire Safety Professionals being considered for prosecution and enforcement under the Fire Safety Order. The businesses at risk could include anyone who supplies goods or services to the fire safety industry.

Warren Spencer explains:

“Legal disclaimers can never disclaim criminal liability, however it is possible to clarify the exact nature of the FSPs involvement with the premises and perhaps just as importantly define what he is not involved with.

I must stress that I am not suggesting that FSPs should shirk responsibility or look to blame others, however in my own experience many FSPs have inadvertently created liability for themselves under the FSO because they failed to clarify their retainer or have acted outside the remit of their contractual obligations and over extended their control by providing additional advice/guidance which they were never contracted for.”

The service includes a review and redrafting of the organisation’s terms and conditions and purchase order forms to ensure they effectively outline both the extent of the Responsible Person and the FSPs’ control and obligations respectively.

James Aird, a member of the Fire Safety Law team at Blackhurst Budd Solicitors added:

“By having clear and comprehensive contractual documentation, FSPs are not only limiting their potential liability under the FSO, but they are also creating transparency and ownership of their obligations with other responsible persons. This in turn, will hopefully mean that there is better co-operation and understanding as to what the requirements are under the FSO between the two parties.”

For more information or to arrange for your terms to be reviewed please email wps@blackhurstbudd.co.uk