Legal question

[Sparky0910]

I did some work for a builders client 18 months ago and have just been told customer was not happy with work and called in another electrician without giving me the opportunity to rectify it myself. they are now trying to get compensation out of me. anyone know how I stand.

 

[sparkytim]

Place feet slightly apart and push from the knees

 

[Zeespark]

18 months ago? they dont really have a leg to stand on.

AndyGuinness

 

[Doc Hudson]

I did some work for a builders client 18 months ago and have just been told customer was not happy with work and called in another electrician without giving me the opportunity to rectify it myself. they are now trying to get compensation out of me. anyone know how I stand.

Welcome to the forum. A bit more information is needed I think, Are you a member of any scheme such as NICEIC ELECSA NAPIT BSI ? to my understanding they all offer some legal advice. I do know that with some of the schemes if a member has a compliant made against them to the scheme provider then the electrician should have first opportunity to carry out any remedial works. Were you paid for the work you did? Did you provide full certificates covering all of your testing and confirming compliance with BS7671? Have they provided an itemised written schedule of the areas they are dissatisfied with? or is it just a bland we are not happy please pay back

 

[Andy™]

unless they contacted you first to rectify any issues, then i dont think they have any legal right to go after you

 

[Doc Hudson]

Were you paid by the builder or the client? If you were just sub-contracting to the builder any complaints should be to the builder not to you. i.e. the person who the contract was with.

Doc H.

 

[Manator]

Your first point of contact should be with your scheme provider who will give you legal advise, just as the Doc has said. However is this the first you have heard of this? have you received a complaint and done nothing about it in the past? We can all give basic advise but when anything like this is faced you need proper representation from qualified solicitors.

Your arguments could be based on your issued certificate, your competency and your complaints procedures which should have been given to the client on completion.

You will need a comprehensive list of any defects or non compliance and the reason why this electrician has noted them as such. You will also need a statement from the client as to why they never contacted you at finding any failings although if taken to court this is one of the questions that will be asked.

Most importantly you must keep all correspondence and keep a log of any calls and what was said, stay calm and polite and get expert legal advise as soon as possible.

 

[Sparky0910]

I was paid by the builder. The client called in another electrician who listed the supposed faults. I am with the NICEIC and all compliancy certificates were issued.

---------- Post Auto-Merged at 18:26 ---------- Previous post was made at 18:17 ----------

The work was completed in November 2010 and I heard about it 2 days ago by the builders whos job it was, still not directly to me. All relevant certificates were issued. The electrician called in was employed by the manufacturor of the lights (supplied by client) as they thought there was a fault with the actual lights, but conveniently this electricain apprently found all sorts of other faults.

---------- Post Auto-Merged at 18:30 ---------- Previous post was made at 18:26 ----------

Should also note that the electrician who was called in has apparently moved certain light fittings and changed all fittings (probably about 15 fittings) so all my connections have been changed.

 

[Doc Hudson]

I would contact the NICEIC and make use of some of fee's you pay to get some of their legal advice.

Doc H.

 

[Evans Electric]

Sounds a bit fishy to me Sparky 910 .

It leaves a bad taste though, I heard of a complaint through a third party once, about some work I'd done. Turned out a relative of theirs had been critisising what I'd done , saying I shouldn't have used the water and gas pipes as earths :C :C

 

[Sparky0910]

I would contact the NICEIC and make use of some of fee's you pay to get some of their legal advice.Doc H.

done that seems i am be covered by the supply of goods and services act 1982 and also on the reverse of all niceic certificates it does state the complaints procedure saying they (the client) needs to contact me in writing first then the nic direct but they never they say they got another sparky in to rectify it and another decorator to make good not the builders

 

[Doc Hudson]

If another person has already done alterations then they have in effect tampered with any evidence that you may or may not have been negligent. As such I cannot see anyone can have much of a case against you. Even if they did try, your defence would be that you would have been more than pleased to address any problems or anomalies that the customer had, however as they have now altered the work themselves you no longer have any obligations to that part of the installation, as it is only your work that you are responsible for. Where formal complaints are put to the NICEIC it is my understanding that they would visit with the contractor in question to look at the evidence with the customer, contractor and an independent third party to evaluate the validity of any complaint. Clearly this cannot be done as alteration have already taken place.

Doc H.

 

[ProDave]

Personally I would just IGNORE it. If something was really wrong with your work, you would (should) have been notified ages ago.

And you say you still haven't actually been told anything was wrong, it's just heresay you picked up?

 

[Doc Hudson]

done that seems i am be covered by the supply of goods and services act 1982 and also on the reverse of all niceic certificates it does state the complaints procedure saying they (the client) needs to contact me in writing first then the nic direct but they never they say they got another sparky in to rectify it and another decorator to make good not the builders

What they have done would be similar to you getting your car repaired then going to the insurance company to make a claim without prior notification to an accident or allowing them to ***** any damage.

Doc H.

 

[Sparky0910]

got forwarded e mail from builder from client he didnt even know about it

 

[Manator]

However much this is distressing for you, my advise would be to relax and have a good drink. They have no complaint against you that would stand up to any court, any evidence of any problem has now been removed by them. I acted for some clients a few years back in similar circumstances, my evaluation was to get in contact with the electrician who carried out the works first, this they did and the electrician requested that I was there on his visit, we got on really well, and exchanged experience and knowledge after which he corrected his mistake and we shook hands. He was happy the client was happy and I lost out on some small remedial work, but very happy that the system worked in favor of the client.

 

[lineman]

They haven't got a leg to stand on mate. Have had similar complaints. I knew I had nothing to worry about because I knew I had done everything properly as you have done. Don't think anything will come of it. People seem to go on witch-hunts they think it gives them purpose, especially in this "where's there's blame" culture. Tell 'em to do one.

 

[batty]

I think people watch to many rogue trader programs. What should have happened if customer had a complaint was they should have contacted builder first who then would have contacted you and asked you to put right anything that was wrong. As they haven't given you the opportunity to put right anything how can they make a claim on you it ridiculous.

 

[SPECIAL LOCATION]

Extract from the NICEIC complaints procedure....

In the event of a complaint, the complainant should firstly bringthe matter directly to the Approved Enterprise