Unlicensed person doing finish on my permit

[zaptd]

Hi. Your average 2nd floor rough and finish. Office,masterbed,large bath with jacuzzi and AH. I have a contract with the homeowner. I roughed and had it inspected. Yes I have a journeyman and ins. Half of the cost has been paid. It is going perfect. Then as I try to call for an update to do the finish I am told not to finish the job because there is someone else doing it. I talked to the town inspector and he said I need a note from the homeowner that I am released of duty to clear me and the next person that gets a permit to complete the job will be responsible for the entire job. Now, I make a note for the customer and when I present it to him he takes me outside and tells me he has someone else finishing it and is not licensed. the customer wants to drop me cash to pull the finish inspection for him. My question is where on paper or rules say that I need a note,what if the customer does not want to sign a thing. Is this a violation of NEC by any means? Do I contact my insurer? What rule do I have that will make that town building dept pull my permit off the job?

 

[mlnk]

In Sonoma County an EC can unilaterally sign a paper that is a notice of change of contractor.. In this case, a change from a EC to an owner/builder. As for the idea of guarantee of work being done by a handyman/self-proclaimed apprentice electrical worker--that's not for me. If the guy is doing wiring and is knowledgeable and experienced, where is his license or union card?

 

[nakulak]

tell the homeowner he has breached the contract, if he doesn't sign a paper (whatever the town wants), you will cancel the entire permit and he will have to deal with the town, which means possibly pulling down the wallboard/panelling/whatever. He'll sign it. Tell him you cannot provide the service he wants - its illegal, and you are not going to assume the liablility for someone else's work, because if his house burns down they will be looking for you and what he has paid you won't build him a new house.

 

[Pierre C Belarge]

Play target practice and aim to hit him square between the eyes.
Go to the town and tell them you are pulling your permit, as they had an unlicense person finish your work. Tell the Building department the homeowner offered you money to cover the person.

 

[infinity]

Go to the town and tell them you are pulling your permit, as they had an unlicense person finish your work. Tell the Building department the homeowner offered you money to cover the person.

That's what I would do. Or if you have a contract (you should), have an attorney send the HO a letter stating that you're suing him for breach of contract. That might get the HO's attention.

 

[jrannis]

Is there a reason the HO didn't want you to finish the job?
I really do not believe someone could just come in and work under your permit.
You have a very big liability issue here. You could loose everything and be like the guy that's sneaking around and finishing your job.
The HO needs to get that guy out of there until this gets resolved.

 

[Cavie]

Very simple. Go to permiting and pull your permit. Explaine to the AHJ why. Send a registered letter to the HO explaining there is no permit on his job and you are not responcible for anything and walk away.

 

[zaptd]

RE

RE

Is there a reason the HO didn't want you to finish the job?
I really do not believe someone could just come in and work under your permit.
You have a very big liability issue here. You could loose everything and be like the guy that's sneaking around and finishing your job.
The HO needs to get that guy out of there until this gets resolved.

Yes, It's all about money.

 

[petey_c]

zaptd, Lots of good advice here. The only one getting screwed here is you and could be again if handiman winds up burning the house down.

 

[r_merc]

Small Claims

Small Claims

I would immediately pull the permit with the building department and then step next door the file with the clerk of court to see the HO in Small Claims for breech of contract. Most of your profit is now being installed by this non licensed person. If you have fulfilled your responsibilities on the contract then the HO needs to do the same. Hopefully you covered all your RI cost at RI.

 

[roger]

Yep, I agree with the others, close out the existing permit and leave.

Roger

 

[RICK NAPIER]

In NJ the contractor does not own the permit but the property owner does. If the contractor notifies me in writing that he is not doing the work we put a stop work order on the job until someone files a change of contractor. If he does not do that we will hold the original contractor responsible. If the town wants the owners signature or not if I were you I would notify them in writing that I wasn't doing the work.

 

[dereckbc]

CYA. I would confront the HO and give him him an ultimatum with three options.

1. Allow you to finish the work you were hired to do under contract, and that extra expenses may be incurred to repair any work done by others..

2. Sign the release form and go pull your permit and let the HO find someone else.

3. Pull your permit and report him.

He will choose 1 of the 3. Most likely option # 2.

 

[ceb58]

I would immediately pull the permit with the building department and then step next door the file with the clerk of court to see the HO in Small Claims for breech of contract. Most of your profit is now being installed by this non licensed person. If you have fulfilled your responsibilities on the contract then the HO needs to do the same. Hopefully you covered all your RI cost at RI.

Could not agree more. If you charged a % for rough in that usually covers material and labor for the job. You do not see much if any profit until the trim out and the balance is paid. The HO and unlicensed handy man now have their hand in your wallet. Not to mention the HO insulting you by wanting to slide you some cash to let someone else complete the work under your name and liability.

 

[augie47]

Strongly agree with what Pierre, and others, have said. CYA.

 

[480sparky]

This is the very reason I do a '480 Special' in my rough-ins.

I take the box that has the home run, and pigtail the hot and neutral together with an orange wire nut and stuff it in the back of the box.

When I come back to trim, I just remove the nut, separate the two wires and cap them off.

If, as in this case, I am not allowed to come back........well, you can easily imagine what's gonna happen. Unlicensed hack puts in all the devices and throws the breaker. BOOM! BOOM! BOOM! right down the line.



NOW who's gonna get a call? YOU! I know, the HO ain't gonna be happy, but all I would say is, "Well, Mr. Smith, I'm sorry that you're having problems. But if you would have allowed me to finish the job, taking care of these problems would have been my responsibility to fix. However, since you've breached the contract, I have no choice but to charge you $xxxx to come out and locate and resolve the problems for you. When would be a good time for you?........"

 

[nakulak]

man, that is sheer genius. hat's off to you dude !

 

[AV ELECTRIC]

Well the customer did this behind your back He should have called you with this proposal you do not owe him any favors. If you have a contract for the whole job he is responsible to pay you for the whole job.

 

[Oakey]

In NJ the contractor does not own the permit but the property owner does. If the contractor notifies me in writing that he is not doing the work we put a stop work order on the job until someone files a change of contractor. If he does not do that we will hold the original contractor responsible. If the town wants the owners signature or not if I were you I would notify them in writing that I wasn't doing the work.

This is what I had to do on one occasion, worked like a charm and the AHJ and the state was given names and numbers along with it by yours truly. Like Pierre said hit them square and hard.

 

[flashlight]

...

where is his license or union card?

The former is qualification to do the work; unfortunately, the latter is not.