Discuss A sorry little tale.... in the Australia area at ElectriciansForums.net

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acorn1

Your forum is very informative….I wonder whether anyone can help with our sorry little tale, let me try to explain. We are building a house and appointed a (so-called) reputable main contractor. The main contractor subsequently appointed various sub-contractors. The duration of the contract was estimated to be approximately 6 months, however, after nearly a year only now are we approaching completion. Presently we believe there is no more than a few days work for the electrician to finish off the project and we could then move in, but we have hit a snag. The main contractor has been taking liberties with sub-contractors payments. We, the client, have remitted interim payments to the main contractor within 7 days, in accordance with our FMB Contract. However, it has gradually come to light that the main contractor has not been passing payments down the line to our sub-contractors. We understand main contractors are slow to pay their subbies but in this instance the delays were way beyond that deemed acceptable and were unquestionably immoral. Once this practice was made known to us we confronted the main contractor. As a result we offered our assistance to pay the subbies directly and purchase any large capital items on behalf of the main contractor (and deduct from the bill accordingly). The main contractor clearly had severe cash flow problems and so agreed to allow us to purchase any remaining big ticket items but refused to authorise any direct payments to subbies. However, since our confrontation matters have deteriorated and now the electrical contractor has walked off site. He refuses to come back and finish off what we estimate to be only a few days work. He will not return until he’s been paid by the main contractor. To make matters worse the electrical contractor is working for the same main contractor on several other sites in the locality and is owed a significant amount of money. Because of this the electrical contractor is beholding to the main contractor and is reluctant to further antagonise him. The contracted has stalled and could take months to resolve, in the meantime we are stuck in an expensive rented house whilst the main contractor plays cat and mouse with the subbies. To make matters even more frustrating our new house is just a few days from completion!! In desperation we informed the main contractor we would finish the contract off ourselves and approached the electrical contractor offering to pay him direct. He declined our offer and advised he had been warned by the main contractor not to speak to us, furthermore because he was owed so much money collectively from all the other unpaid jobs, his allegiance was with the main contractor. Basically we’ll have to finish the job off with another electrician because the present contractor won’t. The question is, how difficult is it to get another electrical contractor to finish off someone else’s work (I don’t think there is any problem with the workmanship)? Furthermore, we will require all the various electrical certificates to satisfy building control. What is entailed, how do we go about this, is there a code of practice? We would welcome any advice and guidance offered. Thank you in anticipation! (PS The project is in Yorkshire).
 
Sorry about your situation, it sounds frustrating, it shouldnt be too hard to find someone to finish off the work but they wont be able to issue you with a completion cert' or installation cert', but dont dispare it is probably best that after completion he then does a PIR (Periodic Inspection Report) which is at the end of the day the same thing from your point of view and can be used to prove the electrical installation may you need to.
Im yorkshire and may i query where abouts?
 
first speak to building control. see if they are happy for you to get another electrician in. the problem is with any new electrician signing certificates covering another guy's work. it may be that building control are satisfied with an Electrical Installation Condition Report. ( was Periodic Inspection Report up to Jan.1st 2012).
 
first speak to building control. see if they are happy for you to get another electrician in. the problem is with any new electrician signing certificates covering another guy's work. it may be that building control are satisfied with an Electrical Installation Condition Report. ( was Periodic Inspection Report up to Jan.1st 2012).
Must make a note of that, got used to calling it PIR..... EICR dont have the same ring to it :thumbs_down:
 
He is indeed Lenny!!!

I would imagine the OPs problem, is that if he takes any action at the present, he's new house completion will be set back even further!! Not sure what would happen then, if due to the OPs action against this main contractor he then went into receivership or whatever. A real dilemma for the OP!!
 
Last edited by a moderator:
When you do appoint a contractor to finish the work I would advise that you check they are qualified to city and guilds 2391 (inspection and test).
 
This sounds like good advice! I'll contact Building Control first thing Monday morning and see how the land lies...Thanks again!
 
You mention a FMB contract, is the main contractor not now in breach of this????

In my opinion the contract was breached some time ago. There has been an irrevocable break down in trust and confidence on our behalf as clients towards the main contractor...to but it bluntly, the main contractor is morally and ethically bankrupt. I believe finacial bankrupcy will follow. Taking into consideration the time-line and the target date for completion which was September 2011, the main contractor has fallen way short of the mark. But the most serious grounds for breach of contract must be the manner in which they have abused their sub-contractors. The subbies are in effect financing the project which is immoral and unethical. Furthermore it is unsustainable as at some point the subbies will withdraw their labour....which has now happened. To add insut to injury the main contractor not only expected the subbies to labour on site for "free" but also to purchase large items of equipment (for instance an expensive Air Source Heat Pump). I feel sorry for the sub-contractors, we have paid the main contractor on time since day one but they have not seen fit to pass any payments down the line...in an obtuse manner I feel somewhat responsible to the subbies. Once the dust has settled I will endeavour to get this particular building contractor removed from the FMB register to protect other potential future clients...that is if they don't go belly up in the meantime.
 
This sounds like good advice! I'll contact Building Control first thing Monday morning and see how the land lies...Thanks again!
I would guess with the amount of contractors going pop over the last two years your story to them will be no suprize to them.
I for one have been offered many jobs in the last 12mths to take over, some were fine, others i walked away from.
Good luck with building control, i'm sure they will help you.
 

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