Help! Advice please.

[Chris derrick]

hi all, first post here.

The story in a nut shell is, I did some work for a customer through a building contractor. It was a big house with 2 consumer units. I sorted out the nuisance tripping and added a sub-board for a outhouse. I also did some superficial works. Replacing face plates etc.

This was about 3 months ago. Iv had a phone call recently with a bill £2300 from the building contractor, as the property had earth leakage on the lighting and many unlying issues that wasn't picked up on. I told the building contractor and the customer many times the property needed a full service to put right what was wrong.

Question is how liable am ?

 

[The Ghost]

You issued a certificate and stated the extent you were responsible for. That is what you are liable for. As you did no work on the lighting?? why would you be liable. And of course you put in writing any problems you saw and offered/quoted for repair.
Me I would not even respond to it knowing I had done the above. Sue and be damned would be my default position. Is there anything else you would like to elucidate on?

 

[Leesparkykent]

Did you or were you ever instructed to change the boards or carry out a full EICR?

 

[Octopus]

Are you liable? I doubt it

Can they bill you but not ask you back first. I don't think so.....

 

[Chris derrick]

Thanks for the reply guys. I wasent asked to carry out a EICR. I changed one of the boards (not the board with earth fault) to make space for an extra circuit for sub board. I changed the down lights in the lounge/hallway/ bathroom to fire rated ones .....

 

[Paul228]

Something seems odd.
If they discovered issues and suspected your work may be at fault, then surely their first recourse would be to contact you and say they are having issues.

Is the call saying you owe them money the first you have heard from them since you finished your works.

 

[Chris derrick]

What I'm worried about is, perhaps the nuisance tripping was the earth leakage that I didn't pick up on? The house in general was a mess from previous sparkles.

 

[Chris derrick]

They had an electrical firm round to install a intruder alarm, who found the problem.

 

[Leesparkykent]

Thanks for the reply guys. I wasent asked to carry out a EICR. I changed one of the boards (not the board with earth fault) to make space for an extra circuit for sub board. I changed the down lights in the lounge/hallway/ bathroom to fire rated ones .....

I would tell him to get ******.

 

[The Ghost]

Do you have a paper trail? i.e. instructions to undertake work and your estimate detailing the work. Can we see your Cert for work done?

 

[Chris derrick]

No paper trail. Suppose I should pay up....

 

[Paul228]

Was it cash in hand?
No certs issued?
Then you could simply say, I did what you asked and say I ain't paying .
Can I ask. Are you qualified?

 

[Chris derrick]

Bank transfers. No Certs issued. City and guilds level 3 Paul. Very unprofessional I know.

 

[ruston]

Up to now I agree with all of the above .
Did you agree limitations to the work, ie did you only do what you were instructed to do , or were you instructed to inspect test and remedy?

 

[Paul228]

I'd say to them.
Not my fault.
And bluff it out

 

[Octopus]

Bank transfers. No Certs issued. City and guilds level 3 Paul. Very unprofessional I know.

So you changed a cu, didn't issue a cert, no part p probably.

Stupidity IMHO

Are you mad?

 

[snowhead]

No paper trail. Suppose I should pay up....

NO.

If it went to a Court case, the builder would have to prove either;

You didn't complete what you were paid for and the £2300 is a refund they are asking for.

OR, the work you did was not satisfactory and they have paid someone else to correct it, BUT they would have to explain why they didn't give you the opportunity to either inspect the alledged faulty work or even correct it.

OR the work you did has caused damage to the property or installation to the value of £2300.

If you intend just to pay it without arguement, then it would appear you also owe me £3200, can you pay up please.

 

[Chris derrick]

Just instructed to carry out the work. I was naive to think to the building contractor would sort out the rest. Il be honest guys, I wanted the experience under my belt. just panicking there to me to court and throw the book at me

 

[telectrix]

No paper trail. Suppose I should pay up....

don't be stupid. tell them to sod off.

 

[Chris derrick]

Agreed murdoch.

 

[Chris derrick]

Cheers guys appreciate the reassurance, really do. Question is if does go to court would building control get involved?

 

[ruston]

Having no paper trail may actually help you here , the burden of proof is with them and with nothing in writing it is not a strong case . Is any official bodies involved , ie BC, H&S ?
If you are unregistered too, and they knew it and condoned it they are complicit.

 

[Chris derrick]

no BS or HS as far as I know Ruston. The only proof they may have is invoices.

 

[Des 56]

If they have issue with the work you carried out,they should at least have presentable evidence such as an eicr from another source that points the finger at your own work standard

The Part P notification procedure is the householders problem
It is the duty of the householder to make sure the work he commissions complies with the building regs

You should have no direct contact with the householder,your contract was with the builder

 

[ruston]

You are correct Des , that is what I was getting at If the builder has informed the householder that the spark is registered and he is not , it is the builder that is then being decietful.

 

[Paul228]

My advice is bluff it out using the info the guys say.
Learn from this
And don't do it again you daft sod

 

[Chris derrick]

Thanks for the advice guys.... writing all this down. Feeling I have more of a case listening to what your all saying.

 

[ruston]

And take Pauls post in , learn from this . It could be much much worse.

 

[Des 56]

The question I would like to ask but he may not want to answer

The £ 2300,what does this figure cover and how large is it in comparison to the payment you received

 

[Chris derrick]

Truly noted guys. Iv been an absolute t**t. Il keep you updated. Much appreciated!!!

 

[Paul228]

The bigger crime is...what happened to Leicester city this season

 

[Chris derrick]

View attachment 36610 no that's fine....

 

[Chris derrick]

View attachment 36611

 

[Chris derrick]

In all I took around £700

 

[Chris derrick]

There still in the premier league mate, that's all that matters. Not sure about next season

 

[Chris derrick]

Sorry guys, obviously more than £2300!!!!

 

[ruston]

Chris , I would ask a moderator to remove your personal details in view of the nature of the post and pre judiciary.

 

[Chris derrick]

My mistake, sorry.

 

[dmxtothemax]

I think you would be crazy to pay the money
on such an "iffy" case !

 

[DPG]

OK, so you did something a bit dodgy, but then as said above, the builder is just as guilty of that. And they didn't even give you the option of looking at/fixing any alleged issues.

I would put money on them not taking you to court over this - they know they would have next to no chance of proving anything against you. I reckon they're just trying it on. Wouldn't surprise me if they've done something like this before.

At the end of the day, you did some installation work and you assumed the builder was going to get building control to sign it off as part of the whole works.

DON'T PAY HIM.

 

[Dave Jenkins]

Notwithstanding all the valid arguments regarding being contacted first about remedial actions etc etc, surely if you replaced a CCU and have therefore tested all the circuits therein, would you not then be liable for the integrity of those circuits? Unless of course you made specific reference to any problems you encountered - in which case you'd have left the circuit(s) powered off?

 

[Rpa07]

Welcome to the forum @Dave Jenkins - straight to the jugular, keep it up!
When you get time tell us your bike preferences. Quite a few owners on here. Mine TDM 900 Yamaha

 

[Dave Jenkins]

HD Sportster 883 Custom. Stage 1. My wife refused to sit on the pillion until I got a more comfortable seat - so, I fitted a 'Sundowner' retro seat - stopped that annoying whining noise straightaway!

 

[Paul228]

Zx636c6f. The last of the exhaust under the seat.

 

[Rpa07]

I certainly wouldn't say the Harley's emit an annoying whining noise - oh you meant the wife! I get ya!

 

[Dave Jenkins]

Zx636c6f.

I'd have killed myself by now if I'd got one of them!!

 

[Dave OCD]

Suzuki GSXS1000F and Honda CB1000R.

 

[Paul228]

Come close...I guess I'm not trying hard enough

 

[Rpa07]

Sorry OP - hope we've helped you enough! Now, back to bikes!

 

[DPG]

Versys 650 and Armstrong MT500.