Include in Contract question?

[ritelec]

Hello, been a while since I've done a house.

Way back when, I just did it..

These days, is it a good idea to add in the contract something to the effect that once the material and equipment is installed in the house (as per day), it is the property of the owner/contractor, and that any theft or vandelism of the material or equipment is not my responsibility. That securing the job is the contractors/owners responsibility.

Thank you.

 

[mgookin]

Hello, been a while since I've done a house.

Way back when, I just did it..

These days, is it a good idea to add in the contract something to the effect that once the material and equipment is installed in the house (as per day), it is the property of the owner/contractor, and that any theft or vandelism of the material or equipment is not my responsibility. That securing the job is the contractors/owners responsibility.

Thank you.

I would not word it like that because you may be waiving rights to workmen's & material liens in the event payment is not as scheduled.

To say that jobsite security is the responsibility of the other party and that EC shall not be responsible for theft, weather protection or damage is better.

 

[ritelec]

Good point.

Thank you.

 

[JFletcher]

Man, I used to have a slew of clauses in my contracts... let me see if I can find them (ought to be interesting anyway).

 

[petersonra]

It is probably best if you ask your lawyer for legal advice and not rely on free legal advice from other electricians that may or may not be of any real value.

 

[JFletcher]

I cant find it, but off the top of my head:

~ Acts of God (lightning/fire/flood/etc.) were not my responsibility
~ Acts of theft or vandalism
~ Damage by other trades
...

Basically, I guaranteed my install was NEC/IBC/NFPA/ADA compliant, and almost everything outside that was on the owner/contractor. I would eat my own screw-ups but not anyone elses, for any reason (this was commercial communications wiring, exclusively in motels/hotels)

 

[Besoeker]

Hello, been a while since I've done a house.

Way back when, I just did it..

These days, is it a good idea to add in the contract something to the effect that once the material and equipment is installed in the house (as per day), it is the property of the owner/contractor, and that any theft or vandelism of the material or equipment is not my responsibility. That securing the job is the contractors/owners responsibility.

Thank you.

Do you have insurance?
Does it cover theft?

I certainly not say it is the property of the owner. What if he doesn't pay? The material would still be his.

 

[iwire]

Do you have insurance?
Does it cover theft?

I certainly not say it is the property of the owner. What if he doesn't pay? The material would still be his.

In my area at least once a contractor installs equipment it becomes the responsibility of the general contractor or property owner. We can't remove it for non-payment but we are also not responsible for theft or vandalism.

 

[ritelec]

Thank you all for the responses ..

Ask a lawyer? Guess I could (and may, or at least do some googling) ..was wondering what you guys do.
Insured, for vandalism, theft etc... no.
Can't remove for none payment here either... but not sure if it is covered from theft etc..

???

During the course of the electrical installation for this project, materials and equipment installed in or on the project will be considered as installed. ABC Electric will assume no responsibility for the materials and equipment, and labor for the installation of these materials and equipment, from theft, or damage due to vandalism, other trades, fire, flood acts of God, etc... once installed.

???

what do you think
Thank you

 

[mgookin]

Thank you all for the responses ..

...

what do you think
Thank you

I think you should find a standard contact, a standard proposal which becomes contact upon acceptance, or something similar.

 

[Besoeker]

In my area at least once a contractor installs equipment it becomes the responsibility of the general contractor or property owner.

Yes, but responsibility for is not the same as ownership of said materials.

 

[ritelec]

standard contact or contract?

looking for standard proposals with contact upon acceptance.. ?? no go..??

will keep looking..

 

[jim dungar]

Ask a lawyer? Guess I could...

What is worse DIY wiring or DIY legal documents?

Remember, there are different legal rulings across the country. Makes sure your documents conform to your local 'laws'.

 

[iwire]

Yes, but responsibility for is not the same as ownership of said materials.

In this case it is.

Once installed we no longer own the material.

 

[GerryB]

In this case it is.

Once installed we no longer own the material.

I agree. If you leave a coil of wire on the floor and thieves break in and steal it, you're out a coil of wire. If they break open the walls and rip out the wiring you have another job. I put a clause in my contracts if there is more than ninety days from rough inspection to the start of finish work I can re bid the job. I have no idea if it is enforceable or legal, but it is in there. A siding friend of mine has in his contract that his guys are allowed to use the HO's bathroom. Yep, saw it with my own eyes.

 

[Besoeker]

In this case it is.

Once installed we no longer own the material.

Yes, that's what ritelec, the seller in this case, is proposing gets written into the contract. It isn't something I'd readily agree to.
This is actual wording included in our standard terms and conditions:

"Until full payment of all obligations of the Buyer for an order, Seller reserves the title (but not the risk of loss) to all Products furnished under that order. "

 

[iwire]

"Until full payment of all obligations of the Buyer for an order, Seller reserves the title (but not the risk of loss) to all Products furnished under that order. "

I believe that would be a violation of our local laws.

 

[Besoeker]

I believe that would be a violation of our local laws.

I don't see how. If buyer and seller agree terms that's what they are each contracted to do.
FWIW the parent company who ratified these terms is an American company.

 

[GoldDigger]

Where contracting work is involved, California business codes mandate some conditions that cannot be modified even by mutual agreement in a contract.
Just as usurious interest rates are not allowed even if the borrower consents to them.

 

[Besoeker]

Where contracting work is involved, California business codes mandate some conditions that cannot be modified even by mutual agreement in a contract.

But would including a clause for charges for delays being caused by others contravene the codes?
That's really what it comes down to in this specific case.