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

[Doc13067]

The owner is conflating some things and not paying attention to details or reading the stuff I’m drafting. The first electrician that came to look at the branch circuit job explained to her that he needed drawings and said he could start by a certain date but she did not give him the drawings and never communicated with him and when the date came and she didn’t have a price or contract or permit from the guy she still expected him to show and when he didn’t they immediately looked for another electrician without ever talking to him. They then said it was my fault for the other guy not showing because I initially bowed out of the branch circuit work and they mistook that for me saying I would manage another contractor who would do the branch circuits. I verbally stated I would not be a GC and the other contractor is going to have his own contract with the client. Then I drafted my contract and it only listed my work for the service equipment. But they site the other guy not showing up to start the branch circuits when he was still waiting on their drawings as the reason for bringing another guy in to do my work lol. Then when the other guy started my work I immediately viewed that as a breach of contract and sought to exit the agreement out of liability concerns (what with another contract working on items listed in my permit application scope of work) and because he is messing things up by doing a completely different thing than I spent hours and hours planning.

 

[James L]

Sounds like homeowners don't understand their responsibilities or permitting time frames.

Then feeling frustrated, hired the first person who could show up immediately - without any regard for the process

 

[Doc13067]

Sounds like homeowners don't understand their responsibilities or permitting time frames.

Then feeling frustrated, hired the first person who could show up immediately - without any regard for the process

Yes this is exactly right. I plan to deduct my labor for plans and permits from the deposit along with any money spent for materials and give them the remainder of the money along with the materials I bought and say you guys breached and I want out. I won’t enforce my contract but I’m not going to try to work around what this other guy did out of the items on my scope.

 

[Amps]

Yes this is exactly right. I plan to deduct my labor for plans and permits from the deposit along with any money spent for materials and give them the remainder of the money along with the materials I bought and say you guys breached and I want out. I won’t enforce my contract but I’m not going to try to work around what this other guy did out of the items on my scope.

There must be some licensing laws that could be used to squash this thing too. No one can make what appears to be a joint partnership for you.

 

[Doc13067]

There must be some licensing laws that could be used to squash this thing too. No one can make what appears to be a joint partnership for you.

Haha exactly! That’s a great way to put it.

 

[Teaser2]

"I would manage another contractor who would do the branch circuits. I verbally stated I would not be a GC and the other contractor is going to have his own contract with the client." I think this started the issues.

I know you tried to make it clear with the home owner, however, for the most part, home owners have non to limited understanding of the permit process. They simply want to get the job done. Should the other contractor reach out to you, verify/pull an additional permit etc., yes, of course.

Lessons learned. If it is not written on a contract, verbal conversations, agreements do not exist. Anyone can deny, make up or forget what is said.

 

[Doc13067]

"I would manage another contractor who would do the branch circuits. I verbally stated I would not be a GC and the other contractor is going to have his own contract with the client." I think this started the issues.

I know you tried to make it clear with the home owner, however, for the most part, home owners have non to limited understanding of the permit process. They simply want to get the job done. Should the other contractor reach out to you, verify/pull an additional permit etc., yes, of course.

Lessons learned. If it is not written on a contract, verbal conversations, agreements do not exist. Anyone can deny, make up or forget what is said.

Most definitely. Which is why I also included my work in the contract and clearly stated what I was charging for. The unrelated work that I was not doing was not mentioned in the contract.

 

[gadfly56]

Most definitely. Which is why I also included my work in the contract and clearly stated what I was charging for. The unrelated work that I was not doing was not mentioned in the contract.

It's useful to include a "Work Not Included" clause. We do this all the time in our quotes.

 

[roger]

It's useful to include a "Work Not Included" clause. We do this all the time in our quotes.

I always did as well as "by others" when applicable.

 

[kwired]

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 guess if a contract was actually written up or at least somewhat of a formal agreement took place that is one thing and the customer has broken that agreement. But could also maybe be customer had more than one contractor lined up and figured on taking whoever shows up first to do the work? This other contractor in OP's case maybe had a little more of a head start and got there first?

 

[kwired]

The owner is conflating some things and not paying attention to details or reading the stuff I’m drafting. The first electrician that came to look at the branch circuit job explained to her that he needed drawings and said he could start by a certain date but she did not give him the drawings and never communicated with him and when the date came and she didn’t have a price or contract or permit from the guy she still expected him to show and when he didn’t they immediately looked for another electrician without ever talking to him. They then said it was my fault for the other guy not showing because I initially bowed out of the branch circuit work and they mistook that for me saying I would manage another contractor who would do the branch circuits. I verbally stated I would not be a GC and the other contractor is going to have his own contract with the client. Then I drafted my contract and it only listed my work for the service equipment. But they site the other guy not showing up to start the branch circuits when he was still waiting on their drawings as the reason for bringing another guy in to do my work lol. Then when the other guy started my work I immediately viewed that as a breach of contract and sought to exit the agreement out of liability concerns (what with another contract working on items listed in my permit application scope of work) and because he is messing things up by doing a completely different thing than I spent hours and hours planning.

Why are (were) you not doing the branch circuit work?

You sounding more like medical professionals that only do specialty things, or even dental professionals. Getting ridiculous, go to dentist with problem - they send you to specialist for nearly everything anymore and yet bill you for your appointment where they did essentially nothing. Makes you wonder what the first one you went to actually will do for services sometimes.

 

[mtnelect]

More important than the skill of the trade, is judgment of character.

 

[Doc13067]

Why are (were) you not doing the branch circuit work?

You sounding more like medical professionals that only do specialty things, or even dental professionals. Getting ridiculous, go to dentist with problem - they send you to specialist for nearly everything anymore and yet bill you for your appointment where they did essentially nothing. Makes you wonder what the first one you went to actually will do for services sometimes.

The HO was extremely concerned with having this done yesterday. We only got notice of the job 1 day before they settled on the place and it was a 3 unit building. There were lots of issues with the meter sockets because we could not get multigang meter sockets and the poco was not letting us install a cabinet or wireway ahead of the meters even though our inspector was fine with it. Therefore, the service was something that was going to take some time to figure out. Also the HO did not want to get permits for the branch circuits and out. There was no way that I could deliver on navigating all of that in a timely manner. So I told the HO to get someone else to contract wiring up the units while I focused solely on the services. I also did not want the liability of wiring up the units with no permits. The way the job is going it is a very unorganized mess, the kind that people can wind up going to jail for if someone gets hurt later.

 

[Doc13067]

I guess if a contract was actually written up or at least somewhat of a formal agreement took place that is one thing and the customer has broken that agreement. But could also maybe be customer had more than one contractor lined up and figured on taking whoever shows up first to do the work? This other contractor in OP's case maybe had a little more of a head start and got there first?

We have a contract, not a formal agreement or a verbal agreement or an estimate. An actual contract titled “electrical service contract” that clearly lists all of the service equipment as work being done by our company as soon as the permit is approved and the materials arrive. Before the permit was approved and before the materials arrived and before the utilities were marked, another contractor started work on the items listed in our scope of work.

 

[gadfly56]

We have a contract, not a formal agreement or a verbal agreement or an estimate. An actual contract titled “electrical service contract” that clearly lists all of the service equipment as work being done by our company as soon as the permit is approved and the materials arrive. Before the permit was approved and before the materials arrived and before the utilities were marked, another contractor started work on the items listed in our scope of work.

Well, if the customer signed that contract, he/she is definitely in breach. You are entitled to all your sunk costs plus the profit thereon. The customer is entitled to any materials you purchased and drawings and calculations you completed and for which you are claiming compensation.

 

[Doc13067]

Well, if the customer signed that contract, he/she is definitely in breach. You are entitled to all your sunk costs plus the profit thereon. The customer is entitled to any materials you purchased and drawings and calculations you completed and for which you are claiming compensation.

Awesome thank you very much for your insight.

 

[ptonsparky]

IDK if you thought about a lawyer to make sure you do it correctly, but it might be worth the time.

 

[Doc13067]

IDK if you thought about a lawyer to make sure you do it correctly, but it might be worth the time.

I did consult an attorney. It sounds like I have a lot more leverage than I actually need because I’m really not interested in a fight I just want to get out of this mess.

 

[fishtape]

In my opinion, his work is now your work should anything go wrong down the road. Insurance company or others would look at you as the responsible party since you name is on the permit. My 2 cents. I'm sure PA. has investigators for this.

 

[Another C10]

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

If the permit was issued under my license and the client hired someone else using my permit, that would be a problem, the law may think I subbed the branch work out, still making me liable in the event of a claim or worse.