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- Mar 28, 2008
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I think this brings us back to the response you get when you complain to the NI about other contractors work, their standard response seems to be that it is down to the customer to make a complaint, not another spark, and this for me is where it is all wrong, for example.
Example is irrelevant....
All this shows, once again how little people understand about the reality of contract law and complaints and disputes...
Any dispute is between the purchaser of some goods or services and the provider of the goods or services..
It is not a complex concept to grasp!!
If a customer is not willing to complain then whoever you want to complain to will have no legal access to see the work you want to dispute..
Thus can do sod all!!
[ just as the NIC etc would not have access, or be able to investigate your claims or prove anything, so would be just wasting time & money trying to do so. ]
Again not to complex a concept to grasp..
AND.. if the customer will not testify, or has no copy of a contract, stating that the alleged work was carried out by A.N.Other...
Then Mr A.N.Other spark, doesn't actually have very much to defend!
[ So once again NIC or whoever, cannot do much, or prove much, so would just be wasting time and money ]
All too often people moan about NIC being powerless...
But I think you will find Trading Standards, or anyone else are all in the same legal boat...
e.g.
Purchaser complains about supplier of something or other..
Not friend or mate or brother-in-law, OR other contractor, complaining on behalf of purchaser of something else..
As they are NOT directly involved in the contract, (written or verbal), they can do jack all!!!
I've lost count of the number of times over the years on here, this concept about being unable to complain about other contractors has come up...
But to summarise it....
Unless you are the Purchaser or Provider of some work...
OR you have been requested to act as an expert witness on behalf of either party....
Then you can huff and puff and moan as much as you like...
But you will get no-where as the Law is the Law!
If my mate bought a dangerous car from a garage... I couldn't have any legal involvement or action over the car... Only my mate and Garage. (supplier & purchaser)
Just as I cannot complain about work done by someone else in someone else's property, As I have no direct involvement with any of it!
I really don't understand why some electricians assume the law can work differently for electrical work compared to the supply of any other Goods or Services?
:C