Legal resposibility of certificate signatory

[Alan Mutlow]

Hi there ,

I have had a customer of a former employer of mine contact me direct about a job I had tested and issued an electrical installation certificate while employed there.

he has found some minor issues with the installation. Is he correct in saying I am responsible or is the contractor I worked for at the time responsible?

 

[snowhead]

The customer's contract is with the former employer, not you, even if you subbed to the contractor.

How did they get your contact details?

However, if the issue relates to Death or Injury and Criminal proceedings, then you become involved.

 

[Darkwood]

The way I look at it is the company is responsible as they employed you and it was there duty to ensure you were competent to do your job regardless of any paperwork you have... as you are now an ex employee they still will be obliged to rectify any work not found to be compliant or to standards ..as you don't work there any longer there is not a lot they can do and I doubt they want to get legal costs involved for what maybe a small anount of work.

Dare we ask what the minor issues were ..sometimes customers can overegg the pudding if they find the tiniest of issues ...

 

[Andy78]

As has been said, the contract was between the company and the customer. They should not be contacting you directly, and if you don't want them to you should request that they don't.

 

[Alan Mutlow]

Contact details came through the builder

The issues include: cablesin notches with no plate over
Thecustomer is upset about the junction boxes that were used in the installation.I did not know they were there when I tested but got correct results and theyare of maintenance free type.
Someswitches lack phase flagging

The customer however has come to me and asked that at mycost I rewire circuits to get rid of the junction boxes.

 

[Andy78]

Contact details came through the builder

The issues include: cablesin notches with no plate over
Thecustomer is upset about the junction boxes that were used in the installation.I did not know they were there when I tested but got correct results and theyare of maintenance free type.
Someswitches lack phase flagging

The customer however has come to me and asked that at mycost I rewire circuits to get rid of the junction boxes.

So did your former employer work direct to the customer or as a subcontractor for the builder ? Sounds like the builder and your former employer are shovelling sh*t your way.

A letter to the customer is in order detailing the following points.

• you no longer work for the company in question
• you did not have a contract with the customer
• the contract existed between them and the electrical firm/builder and it is to them that any complaints about rectifications should be addressed.
• you will not be entering into any further correspondence with the customer directly.

 

[Darkwood]

This is an issue between the customer and your old company, I would make that clear that you are no longer in their employment and have no legal resposiblities for the minor matters at hand.

I would also explain that using junction boxes is both common practice and sometimes necessary to reduce cables at light fittings where it may the case the customer chooses there own lights which may not cater for larger number of cables.

You should know better about the other points IMHO

I would tell said customer not to contact you again as it is no longer you responsibilty in a legal standing then say if they continue to do so you will contact the police for harrassment expressing all issues are to be discussed and resolved with you ex-employer to who they have a contract with and I would also ask them to provide relevent regulations to some of their claims as some of them are standard practice... not telling them which ones though.

 

[dean.diy]

you were unlucky. Most private people don't lift the floorboards once the sparky has finished.

 

[longboat]

Contact details came through the builder

The issues include: cablesin notches with no plate over
Thecustomer is upset about the junction boxes that were used in the installation.I did not know they were there when I tested but got correct results and theyare of maintenance free type.
Someswitches lack phase flagging

The customer however has come to me and asked that at mycost I rewire circuits to get rid of the junction boxes.

Don't worry about it. If you believe the job was done right then your ok. Nothing wrong with junction boxes either (would love to know how you knew they were MF type without seeing them?) If it would ease your conscience go and put some brown sleeving on the offending wires gratis. As for the rest, tell them to shove it up their own brown pipe and speak to the builder.

 

[baldsparkies]

If it would ease your conscience go and put some brown sleeving on the offending wires gratis. As for the rest, tell them to shove it up their own brown pipe and speak to the builder.

Bad move !!
Stay away accept no liability or you will be involving yourself in a lot of possible poo.

 

[telectrix]

my tuppence worth. ..... your best advice is there in the posts by andy78 and darkwood.

 

[Deleted member 26818]

As the signee of the certification, you are attesting that to the best of your knowledge, the work covered by the certificate complies with which ever edition of the Regulations was in force at the time of design/construction.
You are not guaranteeing that the work complies or offering a warranty.