Someone working under someone elses permit...

[petersonra]

As anyone who is not even in our industry could tell from reading this thread, this is totally screwed up. And it would seem that all of the different opinions offered are due to different rulings by different jurisdictions.

Me,
I WOULD HIRE AN ATTORNEY AND GIVE IT HELL!!!

That is my license and my livelyhood, how I feed my family and my ITEGRITY. No way would I let this go on.

If the permit is issued to the contractor, wouldn't a more appropriate action be for the contractor to just cancel the permit?

 

[celtic]

Me,
I WOULD HIRE AN ATTORNEY AND GIVE IT HELL!!!

.

If the permit is issued to the contractor, wouldn't a more appropriate action be for the contractor to just cancel the permit?

Yanking your permit may alleviate the headache today....but
- what about all the work that was done by others under that permit ?
- breech of contract issues?
- etc.

No matter how you slice it, proper legal consul is needed...if not today...a new headache awaits tom'row.

 

[satcom]

As anyone who is not even in our industry could tell from reading this thread, this is totally screwed up. And it would seem that all of the different opinions offered are due to different rulings by different jurisdictions.

Me,
I WOULD HIRE AN ATTORNEY AND GIVE IT HELL!!!

That is my license and my livelyhood, how I feed my family and my ITEGRITY. No way would I let this go on.

Pierre.

I agree, this is the internet, what can you expect, but reading this has given me a good laugh, after a busy day. Either take action, or suffer the results.

 

[petersonra]

Yanking your permit may alleviate the headache today....but
- what about all the work that was done by others under that permit ?
- breech of contract issues?
- etc.

No matter how you slice it, proper legal consul is needed...if not today...a new headache awaits tom'row.

I re-read the OP. The OP indicated the inspection was already done, so I guess there is no point in canceling the permit.

I am not sure about the breech of contract issue. Sounds like the OP was slow to delivery on his end so the GC went elsewhere. I don't know what time frame the work was contracted for, but if that time had expired...

It seems to me the main issue to the OP is that permit implies the OP did some work that was actually done by another contractor. I am not sure that just having your name on the permit causes you to have any liability, nor that you can avoid any liability in some way, since it seems that the OP did at least some of the work before the work was passed on to someone else to finish. Even if the new contractor had closed out the OP's permit and gotten a new one for finishing the work, how would that change the liability angle? The bottom line is no one knows just who did what work.

 

[haskindm]

The bottom line is that if the permit is issued to electrician A, it is ASSUMED that he did the work. It is his responsibility to prove that work was done under his permit and without his permission by electrician B. At this point the OP is the "electrician of record" for this project. In the event of a failure he will be the first person contacted.

 

[petersonra]

The bottom line is that if the permit is issued to electrician A, it is ASSUMED that he did the work. It is his responsibility to prove that work was done under his permit and without his permission by electrician B. At this point the OP is the "electrician of record" for this project. In the event of a failure he will be the first person contacted.

I would not argue this line of logic is wrong, but with two different contractors working on the same project how does either one prove what work they did?

Regardless of the permit issue, each contractor is responsible for the work he did.

 

[haskindm]

That is the point. Each contractor SHOULD be responsible for his work. But technically Electrician A is the electrician of record, and electrician B does not exist as far as the paperwork trail is concerned, so A is by default responsible for all work. He really needs to generate a paperwork trail of what work he did if he has any hope of CYA in the event something goes wrong.

 

[celtic]

I am not sure about the breech of contract issue.

That would be dependant on the terms of the contract the OP has...and will probably vary from EC to EC.
My contracts, for example, have a clause in them about "electrical work performed by others under the scope of this contract"...and goes on to define "who" others are (Basically anyone not CEC)

The bottom line is no one knows just who did what work.

And that's a BIG problem.
Should things go south, the shotgun blast lawsuit will hit everyone....at those those that can be traced back to a particular permit/EC.