Customer terminated contract before completion - any obligations re certification? | on ElectriciansForums

Discuss Customer terminated contract before completion - any obligations re certification? in the Australia area at ElectriciansForums.net

L

Lonelectrical

A customer has terminated a job before completion. No disputes have been raised over the nature or quality of the work. The installation is not complete and has not been tested or certified. Do we ahve any further obligations in this respect?

Thanks
 
Re: Customer terminated contract before completion - any obligations re certification

Hi Lonelectrical

Not sure about the legality of not certificating, but a certificate is the only proof you have that the work you have done is safe & to current regs. if you bill them time / materials dose the time bit cover you carring out these test?

Regards Steve
 
Re: Customer terminated contract before completion - any obligations re certification

Hi Steve
Thanks for replying. The time billed to date does not include any testing time as the installation is not yet complete and so no testing has yet been done. The customer has confirmed they do not want us to carry out any further works (no dispute or reason given, they've just called a halt). We're just wondering if we have any further obligations.

Thanks
Neil
 
Re: Customer terminated contract before completion - any obligations re certification

If the installation is dead still then I would say no certs required. However, if you have energised some of the circuits, these should have been tested prior to energising them and a cert for these would be required.
 
Re: Customer terminated contract before completion - any obligations re certification

Advise the customer in writing (and keep a copy) that the current works have not been tested due to termination of contract, and that anybody working on the installation in future must perform a full test as no guarantee can be given on incomplete works. I would also get them to sign something that expresses the fact that THEY are terminating the contract.

Hope they're paying you for what's been done.

If you have done any testing or certification at all, make sure you keep hold of it but don't bother giving a copy to the customer. When you test you are obliged to make and keep a record of it, but there is no obligation to give a copy to the customer.
 
Re: Customer terminated contract before completion - any obligations re certification

Thanks, we have drafted something to that effect and will ask the customer to return a signed copy.

The job was probably 80% complete.

No indication at this stage they are refusing to pay (the have confirmed they are happy with all works, hours, and materials invoiced).
 
Re: Customer terminated contract before completion - any obligations re certification

Providing you receive the signed document back you will be under no further obligation .
or open to any liability in the future
 

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