Liability.....

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SiddMartin

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PA
Got a basement remodel and the Cust. wanted a total price and then also just a "rough in" price. He had mentioned that his father has done some electrical work and he may do the finish. Does anyone have a liability form or a link that I could see, I want the cust. to know that unless I finish the work, he will void the warranty I would give him and also waive my liability. (In the event that they mess somethin up). I just want to cover my own butt.


Thanks
 
Personally, I would refuse to rough a job in knowing I wouldn't finish it. If there's any issue in the future, you can bet the farm (as well as lose it) that the finger will point to you.
 
If you have to have the basement inspected, I would let the inspector know that your permit and inspection is for the RI only.

But I agree with 480sparky. If you rough it you should finish it.

BTW: If his father has done some electrical work, why is his father not roughing in the basement?
 
If you write anything that says you waive your liability, most states will not accept that, you can not ask anyone to wave liability, also your insurance company could drop you, it they got wind you were doing that, complete job or nothing, let some one else have all the problems and open liability.
 
I also agree that if you do the rough-in ,you should get to do the final.
Sometimes we get conned into these situations.I have had this happen a couple of times. I like to buy just one permit at the time.
I like to buy the rough-in when I start the rough-in wiring.
Then buy the final when I start the final.
But the rules vary here in our area some counties don't allow us to buy just one permit at the time.When some-one else does the final on a job I did the rough-in on I make sure to let the Inspector know what is going on.If I have bought the permit.I am sure to let it be known and request that my name be removed from the permit.
 
Skip this job altogether. EC's shouldn't be in the business of letting someone else finish their work. This could be legal nightmare if there ever were a serious problem down the road.
 
You can never ever be absolved of liability no matter what the situation. Don't let anyone tell you otherwise. (See station nightlclub fire) Have you ever heard of "Lawyers"? ;)
Either do it and don't wory about it or if you will be concerned don't do it. It really is that simple
 
SiddMartin said:
I want the cust. to know that unless I finish the work, he will void the warranty I would give him and also waive my liability. (In the event that they mess somethin up). I just want to cover my own butt.

Let the homeowner get the permit for the job in his name and then hire you to do whatever work he doesn't want to do. This should make him the EC of record.

I have actually been hired just to show the customer how to lay out the job so it will pass inspection. I charged the normal service call fee and the customer was happy because they didn't have any problems with the inspector.

If my name is on the permit then I'm going to do the whole job. That's the only way to give a warranty and you may be required by law to give a warranty.

Edit: I have made more money trouble-shooting the screw ups in a basement than I would have made wiring the basement.
 
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In this area, if you submit the rough-in inspection you are the electrician of record for that job. In order for someone else to finish the job and get a final inspection one of three things will need to happen.
1. You release the job to another electrician that agrees to take responsibility for the entire job.
2. The customer shows that you have defaulted on the job.
3. The electrician of record has passed away or is no longer in business, and there is another electrician willing to take over the job.
I think your customer is hoping to have an unlicensed relative complete your job under your license and under your inspection. In most areas this is not only permitted.
Unless you can get a firm understanding that you will need to complete any work that you start, I would walk away from this job. It is a nightmare waiting to occur.
 
infinity said:
Skip this job altogether. EC's shouldn't be in the business of letting someone else finish their work. This could be legal nightmare if there ever were a serious problem down the road.

Isn't there LESS liability? Face it - you do the rough - charge them the full price up front and pocket the savings. Make sure the permit indicates rough only. And the bill. "Customer to switch & base & install fixtures upon finish." This actually ABSOLVES you of anything that happens after you left.

"Your honor, the customer installed all those devices. I have no control over their mistakes."

Think everyone sues Ford when they have a MVA?
 
Liability is not an electrical issue. It is something determined by the courts, and it is often seemingly random.

I would not be overjoyed with someone else finishing my work either.

My suggestion is just politely pass on the work, and move on to other things. Dithering over whether to take on this kind of work is a waste of your valuable time.

I am not even sure I would want the whole project. Who is doing the insulation, plumbing, drywall, etc, that has to be done before you could finish? It might be months or years after RI before you could get back to it.
 
LawnGuyLandSparky said:
Isn't there LESS liability? Face it - you do the rough - charge them the full price up front and pocket the savings. Make sure the permit indicates rough only. And the bill. "Customer to switch & base & install fixtures upon finish." This actually ABSOLVES you of anything that happens after you left.
"Your honor, the customer installed all those devices. I have no control over their mistakes."

Think everyone sues Ford when they have a MVA?
Not really. It may have a bearing on things when it gets to court, and it may convince a land shark that it is not worth going after you, but nothing really absolves you of liability.

Ford gets sued a lot. Over the years the courts have made a lot of rulings about when a car company might have to pay for certain things that go wrong so there is a good history of just when a pay out is likely or not. If the plaintiff's lawyer sees there is no money in it, a suit is unlikely.

<added> You may also find that a court might not look favorably at such an arrangement. It may consider it an attempt to circumvent the law requiring an EC do this work (if that is the case).
 
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