Non payer

[Scornio]

Hi need a bit of advice.

Quoted to do some works within a kitchen. I did a day, then I had a sub contractor finish it for me.

I'm domestic installer. I effectively 'designed' the works done and half did the 'construction' whilst first fixing.

My sub contractor 'tested' the works at the end and filled certificate...I then signed all three signatories but as a collective one signature.

This client was appalled I had used a sub contractor, rang the NICEIC and they have written saying that I can't use one.
This is news to me, as I sub all the time to even bigger companies.

Well, this has gone to court and he has used the two emails sent to him by the NICEIC stating I'm breaching protocol.

Am I missing something or can somebody enlighten me????!!!!

 

[Knobhead]

You say you trust this subcontractor, is he qualified? Can you prove it to the court?
Did you inform the customer you would subcontract the work?
About the only “facts” I’ve seen so far is you signed off someone else’s work even though the install was unsafe.

Take this to court and you’re on thin ice!

 

[richy3333]

I can see the NIC being aggrieved because your paying DI prices, being 'assessed' as a DI and acting as an AP. So what you did is outside your scheme parameters. At best you should have issued an EICR.

I can can see the customer being miffed because you subbed outside the scope of what they agreed with you, though the customer is potentially stupid if they let the sub into the house to do the work.

Your subby is at fault for leaving exposed live parts.

Take it on the chin and withdraw the claim. You'll get no sympathy in the small claims section of the County Court and may even have a counter claim against you.

 

[SPARTYKUS]

Ok...take it on the chin, and tell NIC to bugger off when its time for renewal as they've not exactly helped you, we don't have part P DI schemes here, but afaik switch to Stroma. Its a lot cheaper and you'll probably get the £150 back in the first year with them in difference in costs!

To have 3rd party sign off 'officially included' at Stroma its .....free.

 

[Knobhead]

I’d love to be a fly on the wall if this goes to court.

 

[frontier219]

I can see the NIC being aggrieved because your paying DI prices, being 'assessed' as a DI and acting as an AP. So what you did is outside your scheme parameters. At best you should have issued an EICR.

I can can see the customer being miffed because you subbed outside the scope of what they agreed with you, though the customer is potentially stupid if they let the sub into the house to do the work.

Your subby is at fault for leaving exposed live parts.

Take it on the chin and withdraw the claim. You'll get no sympathy in the small claims section of the County Court and may even have a counter claim against you.

You can't issue an EICR on new work. An EIC should've been issued with the correct people signing for the work they did, Part P or not.

Personally, I can't see any legitimate reason why a subcontractor can't be used, however, I'm not convinced I'd be going to the small claims court for £150 if the job wasn't left in a satisfactory state. I have a great deal of sympathy for the OP here, but I just don't think it's worth it.

Also, I don't think leaving the cover off a grid switch would necessarily mean 'Live parts exposed'

 

[richy3333]

You can't issue an EICR on new work. An EIC should've been issued with the correct people signing for the work they did, Part P or not.

Personally, I can't see any legitimate reason why a subcontractor can't be used, however, I'm not convinced I'd be going to the small claims court for £150 if the job wasn't left in a satisfactory state. I have a great deal of sympathy for the OP here, but I just don't think it's worth it.

Also, I don't think leaving the cover off a grid switch would necessarily mean 'Live parts exposed'

Fooksack. In the scenario given an EICR is the beast to use. He is a DI so can't sign off someone else work as part of his Scam membership so what else does he do? - He should have carried out an inspection report; else have completed the work himself to avoid the tomfoolery that has prevailed.

I'm glad we dont have all this sheeeeite in Scotland!

 

[Geordie Spark]

Yeah, email you sent won't do you many favours and will be brought up by him if it goes to court. It is only £150 away as is, I'd save yourself the aggro, try to get £500 to settle out of court, if he rejects I'd still take the £450. Your time is more valuable. Put it down to experience mate.

And then one dark night go round and give his car a free wash - with Nitromorse :reddevil:

 

[Silly Sausage]

And then one dark night go round and give his car a free wash - with Nitromorse :reddevil:

Is that some kind of super-charged Police Inspector?

 

[vernam616]

Typical NIC Bull

They are all money making scams, go with the cheapest, customers dont even know the difference between NIC/NAPIT/STROMA etc..

go with the cheapest, IIRC Stroma is around £300, compared to over £1000 with the NIC, basically for the same service, and the "Privilege" of driving around advertising their name on your van/t shirts etc..

 

[SPARTYKUS]

Typical NIC Bull

They are all money making scams, go with the cheapest, customers dont even know the difference between NIC/NAPIT/STROMA etc..

go with the cheapest, IIRC Stroma is around £300, compared to over £1000 with the NIC, basically for the same service, and the "Privilege" of driving around advertising their name on your van/t shirts etc..

288 all in. Even get free electronic certificate software. And notifications are only £1.50. IIRC when with the other scheme mentioned they were £3.60 EACH including vat. Same thing. Different directors company car and pension.

 

[GMES]

Fooksack. In the scenario given an EICR is the beast to use. He is a DI so can't sign off someone else work as part of his Scam membership so what else does he do? - He should have carried out an inspection report; else have completed the work himself to avoid the tomfoolery that has prevailed.

I'm glad we dont have all this sheeeeite in Scotland!

I may be wrong but I'm sure that if he is a DI then he won't be allowed to carry out periodics, I know a lad who is DI only and he cant issue eicr's.

 

[Leesparkykent]

I may be wrong but I'm sure that if he is a DI then he won't be allowed to carry out periodics, I know a lad who is DI only and he cant issue eicr's.

If he wanted to do an EICR he could, but just not using a cert with niceic logo and his enrolment number on.

 

[GMES]

If he wanted to do an EICR he could, but just not using a cert with niceic logo and his enrolment number on.

I take it the Nic don't see him as competent without being Approved!

Just to add I meant any Domestic installer not just the op.

 

[richy3333]

I may be wrong but I'm sure that if he is a DI then he won't be allowed to carry out periodics, I know a lad who is DI only and he cant issue eicr's.

Ah, OK. We dont have DI's in Scotland so I'm not familiar with the scheme.

 

[SparkyJoe]

Slash his tires, cost him 200 quid, sounds like a right ---- pot