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Thread: Stolen wire hypothetical

  1. #11
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    Quote Originally Posted by petersonra View Post
    Rather than getting legal advise from random people on the Internet you might want to just ask your lawyer.
    Quote Originally Posted by kwired View Post
    Why do you think he said:
    Quote Originally Posted by petersonra View Post
    Just out of curiosity maybe you could tell us what he says about it.
    Lol, thanks Kwired, I just noticed that.

    Bob, If I told you what the lawyer said, would that not be heresay legal advice from a semi-random person on the internet? You wouldn't want to read that would you?

  2. #12
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    Quote Originally Posted by Coppersmith View Post
    Lol, thanks Kwired, I just noticed that.

    Bob, If I told you what the lawyer said, would that not be heresay legal advice from a semi-random person on the internet? You wouldn't want to read that would you?
    He just wants you to pay for his legal advice

  3. #13
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    Quote Originally Posted by petersonra View Post
    I would not assume anything.

    Legally I think it depends on when the owner takes title to the work done unless the contract states otherwise. ....
    Totally agree on getting legal advice, but it seems funny to me the EC would be responsible if installed material is stolen, yet if a customer doesn't pay, I wouldn't be allowed to repossess installed material. At least in GA anyway.


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  4. #14
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    Quote Originally Posted by Coppersmith View Post
    I'm in the process of re-wiring an entire house (open studs) in a not-so-nice neighborhood and I've been worried that somebody will break-in and steal the wire I just installed. Should that happen, who would be responsible? I'm hoping it's not me. I assume the owner has insurance.
    It depends on who you are working for. I wouldn't count on a realestate investor or flipper having insurance that would cover theft during construction.

    If they do have an insurance policy you could call the company and see if this sort of thing is covered. They may need something extra to cover construction. Not all insurance covers what people would think it does.

    You probably would want to cover this in the contract for future projects.

    The best thing to do is wire it up fast and get a rough inspection and collect. Make sure the job site is secure while you are working there. Well as secure as possible.

    Even if someone else is responsible for loss doesn't mean it will be easy to collect on damages.
    The 95% of people that you can't trust give the other 5% a bad name.

  5. #15
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    Other than Ufers getting stolen, I only had one job where theft was an issue. Medical building that needed a service upgrade from a resi panel to commercial. We installed the first panel, feeders, and breakers. Called for next day inspection. Come back the next morning and feeders, breakers, grounding & bonding and buss - gone. Happened three times before we could get it hooked up to the POCO and energized. Customer paid for the replacement each time. Securing of a site and building are not a usual and customary feature of a trade.

    I would expect that to be the responsibility of the GC or Site owner.

  6. #16
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    Quote Originally Posted by Chamuit View Post
    Other than Ufers getting stolen, I only had one job where theft was an issue. Medical building that needed a service upgrade from a resi panel to commercial. We installed the first panel, feeders, and breakers. Called for next day inspection. Come back the next morning and feeders, breakers, grounding & bonding and buss - gone. Happened three times before we could get it hooked up to the POCO and energized. Customer paid for the replacement each time. Securing of a site and building are not a usual and customary feature of a trade.

    I would expect that to be the responsibility of the GC or Site owner.
    If one of those jobs where you only have access during business hours (as in you don't even have key to gain access if owner or GC doesn't let you in) then it is easier to prove you have little control over security of the site.

  7. #17
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    Quote Originally Posted by Chamuit View Post
    Securing of a site and building are not a usual and customary feature of a trade.

    I would expect that to be the responsibility of the GC or Site owner.
    Quote Originally Posted by kwired View Post
    If one of those jobs where you only have access during business hours (as in you don't even have key to gain access if owner or GC doesn't let you in) then it is easier to prove you have little control over security of the site.
    Sure, when you rewire a house where it's gutted out and no one living there they often just toss you the keys and there may not even be other trades working on the job.

    If there is going to be any security it's up to you to make sure things are locked up as well as possible. I try to get power on as soon as possible and leave a few lights on at night. Put a lock on the disconnect. If they think everything is energized they are less likely to steal.
    The 95% of people that you can't trust give the other 5% a bad name.

  8. #18
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    Quote Originally Posted by growler View Post
    Sure, when you rewire a house where it's gutted out and no one living there they often just toss you the keys and there may not even be other trades working on the job.

    If there is going to be any security it's up to you to make sure things are locked up as well as possible. I try to get power on as soon as possible and leave a few lights on at night. Put a lock on the disconnect. If they think everything is energized they are less likely to steal.
    It has an outside panel, all the cables will go from the eaves, down the outside wall, and then into stovepipe risers on top of the panel. We have been keeping all the cable inside until we are ready to make up the entire panel, cover the cables with sheet metal, and then lock the cabinet so the wire can't be ripped out. The J-man I have working the job said we should also put a big "HOT" sticker on the panel door.

  9. #19
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    Quote Originally Posted by Coppersmith View Post
    I'm in the process of re-wiring an entire house (open studs) in a not-so-nice neighborhood and I've been worried that somebody will break-in and steal the wire I just installed. Should that happen, who would be responsible? I'm hoping it's not me. I assume the owner has insurance.
    In CA, a contractor can legally collect ten percent of the contract price from the homeowner upon signing the contract. This is so the contractor is protected in this scenario.

    Once the material is delivered or installed in the premises, it becomes under the watch of the homeowner. . . it legally becomes the property of the homeowner by virtue of the ten percent “down payment” received.

    If the incident is contested by the homeowner, there is a law that protects contractor called mechanics lien law.
    Further belligerence on the part of the homeowner, could force the contractor to file a lien against the property which homeowners and insurance companies don't want to hear.

  10. #20
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    I recommend Legal Shield. $39/month, unlimited legal advice, 5 calls or letters written on your behalf a month.

    https://www.legalshield.com/business/plans-and-pricing
    Last edited by Little Bill; 09-22-17 at 09:32 AM.

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