HO Hired another contractor who did work on my contract/permit

[Doc13067]

Hey guys, I’m awaiting a permit approval and for materials to arrive for a job I’ve been contracted to do. My work only involved the service equipment and I knew another contractor would be hired for the branch circuits and anything that did not involve the service and load centers. However, yesterday i arrived to find another electrician doing the service for one of the three units and preparing to do load centers. ive already collected a deposit. I’m considering this a breach of contract and canceling my permit and refunding the deposit minus what I spent on plans, drawings, permits, and restocking fees. Just wanted to share this. Contracts are important.

 

[ptonsparky]

I would be inclined to keep the deposit.

 

[roger]

I would notify the permitting dept of the contractors that knowingly worked under your permit. The owners may not know the laws but the other contractor would.

 

[Doc13067]

So the permit hadn’t been approved yet, which was why I couldn’t start. So they brought in a hack that didn’t care about the permit in my opinion. But now it’s all jacked up because I designed the entire system and this guy comes in doing totally different stuff and steps all over my work. I should be entitled to the entire deposit. Man, what a lousy situation.

 

[roger]

I don't know the legalities of keeping the deposit but it would be tempting.

 

[ptonsparky]

I don't know the legalities of keeping the deposit but it would be tempting.

Indeed. Very tempting.

 

[gadfly56]

I don't know the legalities of keeping the deposit but it would be tempting.

We had something similar happen. We were contracted to upgrade a fire alarm system. Apparently there was some confusion between the owner's site manager and the GC. The GC hired someone else to do the fire alarm work. The rep owned up that it was his goof. We kept the deposit and sent him a polite e-mail explaining the time spent, including $500 in permit fees that we paid out. They technically owed us money at the end but we weren't going to pursue it. In the end, they wound up cancelling all our contracts for test and maintenance. Oh well.

 

[Teaser2]

If I were you I would ask the home owner first to find out what is going on. There is definitely a misunderstanding here. The owner may be confused, the other contactor might have been given the wrong information or there may even be a permit that you are not aware of. So much to find out.

 

[electrofelon]

If I were you I would ask the home owner first to find out what is going on. There is definitely a misunderstanding here. The owner may be confused, the other contactor might have been given the wrong information or there may even be a permit that you are not aware of. So much to find out.

I was going to say the exact same thing, chill out, find out what the scoop is. Could well just be a misunderstanding. If you go in there and the other contractor is all belligerent and calls you a a-hole then yeah maybe proceed as you were going to

 

[Doc13067]

I also ordered $1,500 in cut wire. The deposit will cover that and my time but do I then have to give the customer the wire?

 

[roger]

I also ordered $1,500 in cut wire. The deposit will cover that and my time but do I then have to give the customer the wire?

I would say yes, they paid for it but you're getting into law here and we are not lawyers or judges.

 

[petersonra]

First, find out what actually happened.

Second, talk with lawyer to find out what your options are.

Third, talk with customer and see what you can do to work things out.

Seems to me that maybe the best thing that happens is you give the customer whatever parts you have purchased, he gives up his deposit, and you part ways. It is not your job to worry about what some other contractor might or might not be doing with or without a permit.

 

[petersonra]

I would notify the permitting dept of the contractors that knowingly worked under your permit. The owners may not know the laws but the other contractor would.

based on what the OP actually wrote, it does not appear that the OP actually has a permit yet.

 

[roger]

based on what the OP actually wrote, it does not appear that the OP actually has a permit yet.

I agree but that didn't come up until post #4, the title and post #1 made it sound like he had by stating he was going to cancel it.

 

[petersonra]

I agree but that didn't come up until post #4, the title and post #1 made it sound like he had by stating he was going to cancel it.

The OP says

I’m awaiting a permit approval

That means to me he does not (yet) have a permit.

I don't see how he can cancel a permit he does not have. he might be able to retract the permit application, but if there is no permit, how would another contractor be able to work on it anyway?

 

[roger]

He also says

I’m considering this a breach of contract and canceling my permit

So, how can he cancel it? It's apparent now that he would be cancelling the application and with that being the case I agree with your last question

but if there is no permit, how would another contractor be able to work on it anyway?

 

[Doc13067]

The OP says



That means to me he does not (yet) have a permit.

I don't see how he can cancel a permit he does not have. he might be able to retract the permit application, but if there is no permit, how would another contractor be able to work on it anyway?

This is exactly what I did. I withdrew my application as soon as I found som else working there. How would another contra work on it without a permit? They just show up and start working.

 

[electrofelon]

This is exactly what I did. I withdrew my application as soon as I found som else working there. How would another contra work on it without a permit? They just show up and start working.

It sounds like you were doing the service and someone else was doing the interior wiring, it would be separate permits no? I actually start work all the time without permits. Most of the projects I do there aren't set plans and things evolve as it is wired so it's impossible to get accurate counts before starting. City of Seattle I'll often file for a permit a few days before I'm done with the rough wiring.

 

[Doc13067]

I understand and I get it, but he did about half of my work while he was at it. There was a plan for another electrician to work on the branch circuits while I did the service. But what is the point of a contract if you let someone unaffiliated with you encroach on your scope of work. I think the liability is just too high to risk it.

 

[Amps]

I understand and I get it, but he did about half of my work while he was at it. There was a plan for another electrician to work on the branch circuits while I did the service. But what is the point of a contract if you let someone unaffiliated with you encroach on your scope of work. I think the liability is just too high to risk it.

Give the wire and any materials directly to the owner and make them sign something for them. This doesn't sound like it was meant to be a joint project with you, so the other contractor should have his own contract with the owner. Seems like the other contractor did not have the same information as you about the plans and who is responsible for what. Maybe talk to the owner to see what happened?