Legality to repair wiring

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Sparky Adam

Master Electrician
Location
Dallas, TX
Occupation
Operations Manager / Master Electrician
I have a question for you all. I have a certain understanding of this, but wanted to get opinions and thoughts from the community about this.

If I was in a house and noticed unsafe wiring conditions (un boxed splices, etc...) and the homeowner was asking me to do work on something else in the house, am I legally obligated to fix the damaged work (getting paid of course) while I am doing the other items or can we ignore it and do the other work anyway?
 
Theoretically you are not legally obligated but the problem is you could end up in a he said-she said concerning what work you did and when you did it, if there's an 'incident' later. Also failure to inform a homeowner of a very dangerous situation could possibly leave you open to be sued for negligence if there's an 'incident' later. So that's why it's a good idea to do what ptonsparky says. I presume you have a smartphone, take pictures and send them an email afterward: "Hi I just want to reiterate our conversation today where I showed you such-and-such previously existing issue and you elected to have it repaired later or by someone else...".

I've also seen inspectors hold my permit hostage over something I didn't do. Still technically not my responsibility but a good reason not to make a large payment contingent upon passing inspection.

Also depending on your clientele you might be surprised how many homeowners will pay for extra fixes if you point stuff out. Could be better for business than saying nothing.
 
Also, don't go overboard on calling something "unsafe" or "dangerous". For instance, while an unboxed splice is non-compliant, if it's all alone next to the joist of an unfinished basement, it will probably be just fine for many years. I'd still call it out as should-be-fixed, but IMHO it's not an immediate danger to life or property (as a kitchen light switch that's hanging out of the wall might be).
 
zbang said:
Also, don't go overboard on calling something "unsafe" or "dangerous". For instance, while an unboxed splice is non-compliant, if it's all alone next to the joist of an unfinished basement, it will probably be just fine for many years. I'd still call it out as should-be-fixed, but IMHO it's not an immediate danger to life or property (as a kitchen light switch that's hanging out of the wall might be).
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How are open splices in cellulose insulation not unsafe?
 
I specifically chose a basement because there isn't likely to be insulation there (unlike an attic), and "alone next to a joist" to suggest two cables, probably NM, meeting and being wire-nutted together with nothing else around them.

We also get into the "what does unsafe actually mean" problem, and that's a whole barrel of worms.
 
Often when I see what doesn't seem immediately dangerous but violates code, I'll tell HO
"That very rarely burns down a house" or "that almost never . . ."

And then give seat belt analogy
 
Wouldn't this be the same as taking a car to get a new exhaust system, and the mechanic doesn't mention the brake lines are leaking?

I would think it's just natural to at least mention stuff that's unsafe.

I've been in houses for specific calls, notice something else that I don't have time for at the moment, and mention it as something they should have addressed - even if it's not by me.

It goes like this: "while I was working on X, I noticed there's also an issue with Y, and it's really something you should have repaired or replaced. Doesn't have to be done by me, but you should have someone address it."

I'll mention stuff that's not electrical, too. Once saw a gas flue stubbed into an attic and it didn't exit the house 😳

Almost every time I'm in an attic, the inslation has drastically settled. I'll mention it - not that it's unsafe, but a good idea to consider spending a few hundred bucks.
 
Sparky Adam said:
am I legally obligated to fix the damaged work
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IMO, you may not be “legally obligated” but a jury could find you “legally responsible” if the damaged work resulted in property damage or loss of life. Cover your butt, because you will be the first person someone throws under the bus if there’s ever an issue. Either turn it into a sales opportunity or fix it for brownie points. If you see something, say something.
 
you have no obligation to fix something out of your scope for free if owner does not want to pay. Make them sign a letter stating that.
Call a lawyer and ask.
 
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