Installed cables within safe zone then moved by others.

[Fuzzy165]

Hi all, hope someone can help.

I've completed part of a new install in a clients new build house. The cables have been installed in safe zones or in line with accessories and routed via holes drilled in noggins and are all protected via split load RCD 17th Ed Consumer unit.

The plumber mounted an expansion tank with 3 inch screws and managed to go through one of our cables. The screws are 180-200mm from the corner of the room so outside of a prescribed safe zone. When we completed the fault find we found that our cables had been moved. They were still routed via the noggins but slack had been pulled up into the wall cavity and the cables had moved outside of the safe zones between the noggins. We believe that this either occurred when the cavity insulation was installed (by the client) or when the ply and plasterboard was fixed to the stud work.

The client is now refusing to pay for our work as they are saying that we are incompetent and the installation doesn't comply with current regs.

I am a spark with 10 years experience on all forms of electrical installation from houses to hospitals. I hold C&G 2391 and BS7671 17th Ed. All electrical work has been completed by fully qualified sparks who have either completed a full apprenticeship or hold JIB Approved Electrician gold card. I am not currently registered to self-certify (although in the process of signing up with Elecsa) but have used a another spark, who is registered, as my nominated Third Party Certifier on other projects. I have said to the client that we can re-fix the cables within the prescribed zones but at the moment they are saying that we are in breach of contract and are going to source another electrician and that we will have to cover the cost of any remedial works they deem required and they will withhold all monies currently owing.

Help! What should be done?

 

[wozz]

The corner safe zones are dodgy at best but they are there. If it was me I would be going mad about it and standing my ground. I'd be asking to customer back his claims up. Are they with holding money? Sounds like they are trying it on to me.

 

[Spoon]

Like wozz says, it does sound like they are trying it on.
The problem you have it, its your word against his with regards to someone moving the cables.
I take it no-one took pics in the install with their mobile before hand? Its a shame that it would ever come to taking pics of everything cause there are scum out there that are trying to rip you off.

 

[Fuzzy165]

We have some pics of the install but not of this particular section. They are withholding money, quite a lot of money! It also appears that they have knocked money off a number of other trades for "faulty/poor workmanship". Sounds like they're trying to scr*w us over. But what to do?

We would be happy to put it right and have offered to do so but they wont let us back in...

 

[Octopus]

The problem here is if you stand your ground you may not be paid, if you do the work FOC, your outstanding bull may not be paid in full. You are between the devil and the deep blue sea.

Its your word against theirs, and no plumber is ever going to admit they are to blame!

 

[wozz]

Definitely trying it on, stand your ground or offer a reduced fee to fix it and get your money ASAP. And never ever go back. Act fast. Then warns others to never go near it again. I hate people like this.

 

[R G]

its going to be difficult to prove either way really , looks to me as if this was all planned , with what he's now saying , I would offer to fix it if he pays up there and then , and get out , that looks to me the only way ...

 

[Hawk]

They sound like unpleasant people. I smell a court case!

 

[Fuzzy165]

At the moment they're not even responding to my calls or emails. I think Hawk maybe right, the stench of a court case is wafting this way...

 

[Lagentium]

I'm sure everyone reading this can sympathise with the situation as I do. It's certainly an awkward one! Were you paid in stages for 1st and 2nd fix then on completion?

 

[Guest112]

In a perfect world you could kick their door in and just remove every stitch of electrical equipment in the house and tell them to forget about the bill, but unfortunately that would be illegal, seek legal advice ASAP as soon as you wave the court order (or whatever it is called) I'm sure they'll suddenly want to foot the bill, as above said perhaps in future bill your customer/clients on stages of completion and only issue the certs at the end when payment has been received in full.

 

[davesparks]

I take it the cables weren't securely fixed in the stud work but just left hanging then?

 

[combilau]

Was the cable greater than 50mm in the wall?

 

[shanky887614]

The fact they are withholding money is ilegal for work carried out.

Get a solicitor to write out a letter before action and a final demand letter if it comes to that.

If that fails send in the scumisest debt collection agency you can find

 

[Chrisuk]

The fact they are withholding money is ilegal for work carried out.

Get a solicitor to write out a letter before action and a final demand letter if it comes to that.

If that fails send in the scumisest debt collection agency you can find

That's exactly what I always thought, you do a job, you should be paid and it's kinda like theft if they don't pay, but of late I've been told that whatever work is done at a property is now now property of the house holder, hence not being able to go around and rip it out, is bs
All scammers like that need a good slap!

 

[davesparks]

You should have terms and conditions in place which stipulate that everything remains your property until all bills are paid in full.

 

[geordie]

Call these guys direct collections they will sort it out for you