Existing illegal installations

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switchleg45

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Ft Myers,FL
I am asking my colleagues for some good verbage for a disclaimer stating that EC is not responsible for illegal installations discovered upon demolition/removal of wall covering.
I was awarded a small remodeling job on the penthouse floor (8 storys or so) and stopped by to look over the job and disc some dangling rec lts, etc. There was NM cable run everywhere! No GFI's!..and generally some really shoddy work. Yes! my fault...my proposal made some ass u mptions. Now I have to put together a disclaimer for all future work of this nature.
Any suggestions for a well written disclaimer WILL be appreciated.
Live and learn :mad:
 
If you are not confident you will make a fair market value of money. This job could cause you to loose sleep.
Re-negotiate your contract now!! While it is still early on. Or run...
Some of these general contractors will take advantage of you.

Your contract should include a sentence reading " This contract subject to change for any un-fore seen problems"
 
______________ is not responsible for unforeseen and/or hidden circumstances that may arise during the course of construction. Any conditions that may ensue during the project will be dealt with accordingly, and may require additional work and/or material(s). In this case, creation of a Change Order will be required.
 
I'm not sure you even need a disclaimer. If it's not covered in the scope of work in your original contract or estimate-turned-contract, you don't need to do anything with it. It's a change order at that point. The inspector can be quite helpful in getting these sorts of change orders signed, if you get my meaning.
 
mdshunk said:
I'm not sure you even need a disclaimer. If it's not covered in the scope of work in your original contract or estimate-turned-contract, you don't need to do anything with it.
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That was my thought as well.
 
480sparky said:
Having in there at least can prevent a lot of headaches in the future.
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I guess. Something like this comes to mind, as an example:

"Add 2 receptacles on north wall in dining room to existing dining room receptacle circuit, if found to be suitable. If the existing dining room circuit is not found to be suitable for additional receptacles, additional charges will apply at prevailing rates".

Sometimes, depending on the typical type of customer you serve, they may benefit from spelling it out in black and white. I don't really do it that way, but I can see it as a way of heading off a potential problem at the pass.
 
All electrical equipment, wiring and appliances the subject of this contract shall be properly installed in accordance with generally accepted installation practices. Where it is found during the period of this contract that the existing electrical system or parts thereof constitute a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall NOT be considered a part of this contract and any and all work contemplated to remedy such violations shall be considered within the terms of another contract should the parties agree to same. :smile:
 
Just a thought.... no matter what language you want to put in your contract, it would be prudent for you to run it by your lawyer first.
 
480,
Yeah..that sounds like what I'm looking for, Thanks.
The "Any alteration or deviation...." just didn't seem to fit as well as your suggestion. I'll put em all in there.
 
mdshunk said:
I'm not sure you even need a disclaimer. If it's not covered in the scope of work in your original contract or estimate-turned-contract, you don't need to do anything with it. It's a change order at that point. The inspector can be quite helpful in getting these sorts of change orders signed, if you get my meaning.
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iwire said:
That was my thought as well.
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One thing I have thought of since reading posts here is how business practices differ. Around here, at least as far as I have seen, there are no contracts for a job. I would totally agree with the need for, but everything pretty much happens by "handshake." There is the occasional PO# and signed proposal and estimates, but very few sign on the dotted line situations.
 
360Youth said:
There is the occasional PO# and signed proposal and estimates, but very few sign on the dotted line situations.
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Actually, when a proposal or estimate is signed by the parties, it is now a contract.
 
mdshunk said:
Actually, when a proposal or estimate is signed by the parties, it is now a contract.
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360Youth said:
... but very few sign on the dotted line situations.
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I have never had a signed estimate with a contractor or HO. We do on about 50% of our generator sales and installationson proposals and almost always on our Town of__________ and municpality jobs.
 
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