The fire alarm company filed a motion for summary judgment asserting that the limitation of liability/liquidated damage clause and the waiver of claims/subrogation clause in the parties’ contract barred the plaintiffs’ claims. The plaintiffs argued the contract provisions should not be given effect because the clauses were unconscionable, not conspicuous and at most represented a contract of adhesion.
At the time the fire broke out and spread through the condominium complex, an alarm system was in place. The system was designed, installed and monitored pursuant to a contract entered into by the condominium association and the defendant fire alarm company. The plaintiff condominium association and its insurance company filed the complaint against the fire alarm company alleging that the company improperly designed, installed, modified and monitored the fire alarm system and these failures supported findings of breach of contract and negligence.