Legal Fire Stop Letter

LEGAL FIRE STOP LETTER

This Legal Fire Stop Letter (the "Letter") is made as of Effective Date: by and between Contractor Name: (referred to herein as "Contractor") and Owner Name: (referred to herein as "Owner"). Project Name: Project Address:

RECITALS

WHEREAS, Contractor was contracted to perform firestopping and through-penetration firestop system installations and related services at the Project identified above in accordance with documented contract drawings and specifications; and

WHEREAS, Contractor performed installation, inspection and testing of firestop systems and has prepared as-built documentation, test reports and installation records for identified penetrations, joints and fire-resistance rated assemblies; and

WHEREAS, Owner requires a written certification from Contractor confirming the scope, standards, limitations and conditions of the firestop work completed to date.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Letter, the following terms shall have the meanings set forth below: "Firestop Systems" means assemblies, sealants, collars, putties, wraps and other products used to maintain the fire-resistance rating of through-penetrations and construction joints; "Work" means the firestop installation and associated services performed by Contractor at the Project; "As-Built Documentation" means marked drawings, schedules and reports identifying locations and types of installed firestop systems.

2. SCOPE OF CERTIFICATION

Contractor certifies that, to the best of its knowledge and based on inspections and records maintained by Contractor, the Work described in As-Built Documentation corresponds to installations completed at the Project Address and Project Name provided above. This certification covers only those penetrations, joints and assemblies expressly identified in the attached As-Built Documentation and test reports.

3. STANDARDS AND REFERENCES

The Work was installed and inspected in general conformance with the following standards as applicable to each installed system. Contractor represents that installed products and methods correspond to referenced tested systems where indicated.

UL 1479 / Through-Penetration Firestop Systems

ASTM E814 / Through-Penetration Firestop

Applicable local building and fire codes

Other standards or project-specific test reports:

4. INSPECTION, TESTING AND LIMITATIONS

Contractor performed visual inspections and, where applicable, relied upon third-party factory or field test reports for product performance. This Letter does not constitute a guaranty or warranty against failures caused by subsequent construction activities, mechanical damage, alterations, improper maintenance, or modifications to penetrations or systems after the date of this Letter.

The certification is limited to existing installations and does not certify or imply that future penetrations, installations or repairs undertaken by others will meet fire-resistance requirements without further evaluation and appropriate firestop interventions.

5. RECORDS AND ACCESS

Contractor shall retain installation records, manufacturer product data, and third-party test reports for a period of three years from the date of this Letter, unless otherwise required by law. Owner or its authorized representatives shall be afforded reasonable access, upon prior notice, to review such records during normal business hours.

6. INDEMNITY

Contractor agrees to indemnify, defend and hold Owner harmless from claims arising out of Contractor's negligence in performing the Work, subject to Contractor's insurance coverages and any limitations set forth in the prime contract between the parties. This indemnity does not apply to claims resulting from Owner-directed changes or breaches of Owner's responsibilities.

7. INSURANCE

Contractor represents that it maintains insurance customary for firestop installers, including commercial general liability coverage. Certificates of insurance and policy limits shall be provided to Owner upon written request in accordance with the Notices provision below.

8. NOTICES

All notices, requests, consents and other communications required or permitted under this Letter shall be in writing and delivered to the addresses below by certified mail, overnight courier or hand delivery.

9. AMENDMENTS; WAIVER; COUNTERPARTS

This Letter may be amended only by a written instrument signed by both parties. Failure of either party to enforce any provision shall not constitute a waiver of that provision. This Letter may be executed in counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Letter shall be governed by and construed in accordance with the laws of the jurisdiction in which the Project is located. This Letter constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. If any provision of this Letter is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ADDITIONAL INFORMATION

As-Built Drawings / Schedules

Field/Factory Test Reports

Product Data Sheets / Manufacturer Instructions

CERTIFICATION

By executing below, Contractor certifies that the statements contained in this Letter are true and accurate to the best of Contractor's knowledge as of the Effective Date, that the installations identified in the As-Built Documentation were installed under Contractor's supervision, and that the limitations and exclusions stated herein are acknowledged.

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