Commercial Test Help

[CBR]

Hi there, I did a kitchen re wire on a commercial building 2 years ago and was warned by a few that I would struggle to get my money! Well here goes, On last day I did my test and wrote the readings on paper and gave them the bill. No money 2 years later so I got my solicitor on the case and they have come back and said that due to the fact they never received the installation certificate they don`t/will/ have to pay! 2 years ago and I can`t find that bit of paper with the test results to safe my life! Have I now lost the case and my money?

Thanks

 

[NozSpark]

Unless you go back and retest and issue a cert FOC then you will have lost it,,, TBH now that you have got solicitors on to them, they will I guess not let you back in (I wouldn't)

You are not allowed to with hold a cert as a bargaining chip for payment, the job hasn't been completed until the cert has been issued!

 

[Zeespark]

Nope, the EIC is not a legally binding document, written down on a scrap of paper has the same validity as an actual EIC. Remember that BS7671:2008 AMD 1 is not law, so anything contained within it is not actually legally binding, though I would always produce an EIC of some form for works that I undertake to comply with the EAW Regulations that are law.

AndyGuinness

 

[NozSpark]

Zee, the job isn't complete until the cert is issued and a customer does not have to pay until the job is complete!

 

[Zeespark]

If that's the case I apologise, I thought that was the Part P Certificate.

AndyGuinness

 

[CBR]

Mmm they will not allow me back there to complete the test as my solicitor has all ready asked them if I could! If only I could find the paper I wrote everything down on!

 

[NozSpark]

TBH the part P cert could take 6 weeks or so before the customer gets it..

We have 28 days or so to notify the job then I guess it could take another 2 weeks for it be processed

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You might be able to claim part of the bill as they are refusing to allow you to complete the job, but then again they might be able to counter claim for getting someone in to test and inspect the job after you failed to return,, they might have even had to apply for retrospective planning permission?

I think you should chalk this down as a loss

 

[CBR]

Right so as it does not come under part P as it`s commercial but I still legally have to issue a EIC? There was a lot of materials that I paid close to

 

[NozSpark]

But as part of the contract it could be reasonably expected that you should have fully tested, inspected and certified the job and that the job hasn't been completed until the certificate has been issued

 

[ProDave]

On the only occasion I had trouble getting paid, I contacted the company and told them if I did not receive payment by the end of the week, I would have the matter over to a debt collection agency.

They paid next day.

I did look into it. I would have had to pay an up front fee of

 

[maselec]

Right so as it does not come under part P as it`s commercial but I still legally have to issue a EIC? There was a lot of materials that I paid close to

 

[Andy™]

whats part p got to do with any of this? OP states commercial building

 

[maselec]

Right so as it does not come under part P as it`s commercial but I still legally have to issue a EIC? There was a lot of materials that I paid close to

 

[NozSpark]

Part P came into it because of Zee and myself....we got a little side tracked

 

[Zeespark]

Sorry about getting Part P involved in this, it was just a thought, nothing to do with the OP on the face of things.

AndyGuinness