Legal issue

[rbh]

who in business/construction has worked for a client that supplied they're own material, but in your opinion it was substandard for the application.
So before you will start the job they must sighn a waiver of some sort.

What kind of waiver did you use.

Thanks

Rob

 

[LippCJ7]

Re: Legal issue

Rob, in this situation and it may not cross over but I am not responsible for warrantying the products the customer supplied, nor the Labor to replace it when/if it fails, this is written into the contract the customer signs prior to starting the job.

The contract can be as simple as a signed 3 copy work ticket prior to work start, I have had it happen several times especially with tower work, the customer doesn't want to use the industry standard amount of lightning protection, at that point I make it clear that this is not industry standard and they will need to sign for the out of spec work.

 

[dockwrecker]

I do it with a simple statement that says "Materials supplied by Owner, no warranty for defects, application or function. Warranty for labor only"
And if it's something we feel is a code violation or has potential liability to us we won't do the work regardless.

 

[rbh]

Re: Legal issue

Hey lipp.
No this is the cable itself that I feel is not up to the standard for this job, so the waiver is just to cover my butt during instalation if it should fail/gets damaged.

 

[tpenfield]

Re: Legal issue

who in business/construction has worked for a client that supplied they're own material, but in your opinion it was substandard for the application.
So before you will start the job they must sighn a waiver of some sort.

What kind of waiver did you use.

Thanks

Rob

I ran a small home improvement / handy man business for a few years. I did several jobs as "Labor Only", where the home owner provided all of the materials. I never had any issues as there was reasonable discussion beforehand on what materials the owner was going to buy. In your situation, I would first have a discussion and then draft an advisory letter/waiver.

Of course the down stream issue will always be 'was it the labor' or 'was it the material' should something not be right or hold up for a reasonable amount of time. Another issue to think about is if the lesser grade material will cause you any extra labor to get it installed right.

 

[LippCJ7]

Re: Legal issue

Well if your talking electrical then there should be code to back you up, where as if its RF/cable tv then its more up to the customer to accept the loss involved in the length of the cable, I believe your talking electrical cable so what does code say? again if your dealing in one of those marginal grey areas then make your opinion known and put it on paper and have the customer sign it, so long as its known and an accepted opinion your not likely to be held accountable should it fail, it would probably help if we had more info but we both know the issues involved in that on a public forum.

I have always kept my opinions in these situations clear and concise, I have no problem installing what you(customer) would like but you will have to acknowledge my concerns with proceeding this way and accept all responsibility, sign here please.

 

[Fly Rod]

Re: Legal issue

was in home building and remodeling business for forty years, building and renovations, additions. Never had anyone sign a release of materials being used when bought by owner.

Best advice: Seek an attorney's advice and if needed have attorney write an addendum for both you and home owner sign.

Building codes are minimal requirements, can always go above and beyond.

 

[Fishing Dude too]

Re: Legal issue

Look him square in the face, and tell him that the added cost of the correct materials is less than the loss of the buildings it is conected to, and that my insurance won't cover me if somthing happens.

 

[jay_merrill]

Re: Legal issue

I agree that you should be seeking the advice of an attorney, not an online forum, but depending on what the material is (not sure from your description, I would want a hold harmless and indemnification agreement. Basically what those things do, is to hold you harmless and require him to defend you, should someone else sue you for "substandard work."

 

[veritas honus]

Re: Legal issue

If it's only substandard in your opinion, as stated... and not substandard in so far as industry standards and building code, then you have to decide how strongly you feel about changing the client's mind, refusing the job, or as suggested in previous posts, put your opinion in writing on the contract and have your client sign it. If you feel it's a safety issue, regardless of compliance with code, then don't use the material.

Either way, if the material meets industry standards and complies with building code, I see no reason to involve an attorney.

 

[oops!]

Re: Legal issue

good paperwork makes good friends rob

 

[Bob_VT]

Re: Legal issue

There was a car garage years ago that had a sign....... Labor $40/hr + parts or Labor $80/hr with Customer supplied parts.

In any situation it is normally only the materials that are warranted and the "customer representative" usually makes the call on what is at fault.

It also depends on what you are installing.

 

[M9.9]

Re: Legal issue

Hi all, Not sure how the construction business works in terms of pricing materials supplied by the contractor. But I'm a wee-bit familiar with the auto repair industry, in that some customers supply their own parts (or try to) because they are trying to avoid the parts' Mark-Up done by most if not all repair places. Which I would think leads some customers to buying cheap often-deficient materials too?

 

[RogersJetboat454]

Re: Legal issue

Like the above poster, I've been in the auto repair industry for several years, and IMHO a customer supplying their own parts is like walking into a restaurant for breakfast and supplying the chief with your own eggs.

Of course there are exceptions to this, especially if you know the customer is on hard times with no mechanical ability, or you are friends with them, and can advise them on where to shop for parts.

Personally I would have them sign some sort of waiver of liability basically stating that if it fails due to the quality of the cable your not at fault, and the client is on the hook for both materials and labor to repair or replace the cable. Maybe throw in a clause that if there is any question as to whether or not the labor aspect was at fault, an independent 3rd party (agreed on by both the client and you) would determine this with either the client or you paying the third party after fault has been determined.