Unable to run cables at a sufficient depth outside

[Basset]

I’ve installed electric gates at a property.

One of the issues I’ve had is I was unable to bury the cables at a sufficient depth as this would have weakened the driveway. So, I laid an earthed SWA cable around the edge of the driveway and encased it in 5cm of concreate, marker tape over that and then the driveway on top of that. It’s also protected by an RCD.

Cost me a lot of money, but the customer refuses to pay me as they were told that the cables should be have been buried 550cm. I’ve tried to explain how I have provided equivalent protection against mechanical damage, but they are not budging.

I’d just like to get your thoughts on this and any advise

Many thanks

James

 

[Basset]

I take it they know what depth the cable is because they see it going in - but didn’t question the depth at the time?

That’s right

 

[littlespark]

Don’t send a letter asking for regs.... send a letter demanding payment!

you were employed by the gate company not the end customer. Him not paying them is none of your business. All you want is paid by the person ordering the work from you, the gate co.

 

[Basset]

There's no specific depth on private land and the installation method was agreed before hand. Even if there's no written contract or agreement verbal is good enough in this instance.

Invoice them, give them 28 days to pay. If they don't pay start recovery proceedings.

Don't mess about with customers as they will take the pi$$ out of you, this works both ways.

 

[Basset]

Don’t send a letter asking for regs.... send a letter demanding payment!

you were employed by the gate company not the end customer. Him not paying them is none of your business. All you want is paid by the person ordering the work from you, the gate co.

Ok that sounds the move, 28 days it is Thanks mate

 

[MFS Electrical]

There was no documentation saying the cable must be buried 550mm in the gate installation manual.

you should be absolutely fine then lodge a small claims case and prepare your argument stating that the only requirements for burying a cable are at sufficient depth and since you've designed it you can state your case as to what you consider sufficient depth with regard to the protection offered by the concrete/ suitable marking and the new driveway over top.

 

[Deleted account]

Either the gate company is shafting you or the end customer is shafting you Both.

either way the gate company employed you. They owe you.

have you ever worked for the gate company before?

may be worth looking into there past reputation.

 

[littlespark]

Either the gate company is shafting you or the end customer is shafting you Both.

either way the gate company employed you. They owe you.

have you ever worked for the gate company before?

may be worth looking into there past reputation.

May be worth posting the company name, but not in the public forum.....?

 

[Basset]

Thanks, yes that makes sense

 

[pc1966]

I don't know if the small claims court does business-business disputes, but either way they have some guidance on what you have to have done before they will look at any claim. At the very least you have to have formally invoiced, etc.

 

[Basset]

you should be absolutely fine then lodge a small claims case and prepare your argument stating that the only requirements for burying a cable are at sufficient depth and since you've designed it you can state your case as to what you consider sufficient depth with regard to the protection offered by the concrete/ suitable marking and the new driveway over top

ok thanks, i'll look into this

 

[Basset]

Either the gate company is shafting you or the end customer is shafting you Both.

either way the gate company employed you. They owe you.

have you ever worked for the gate company before?

may be worth looking into there past reputation.

Ok thanks. First time I have worked for the company and I do think they are trying to blame me

 

[Deleted account]

Ok thanks. First time I have worked for the company and I do think they are trying to blame me

Ask around about this company. See if other sparks that have worked for them have had issues.

 

[Mike Johnson]

I assume you have invoiced the gate company and the invoice states the payment terms, pay when payed is not allowed under the JCT form of contract which set the president in the construction industry, test case about twelve years ago.

 

[Basset]

I assume you have invoiced the gate company and the invoice states the payment terms, pay when payed is not allowed under the JCT form of contract which set the president in the construction industry, test case about twelve years ago.

I did invoice the driveway company, but my payment terms are probably very limited. Where can I find out more about the terms you’ve mentioned?

 

[Mike Johnson]

The "Joint Contract Tribunal" or the "Department of Trade and Industry" both have set the standards by which all contracts in the UK are assessed by the courts whether verbal or written, or just the contract terms that both parties should adhere too if no formal contract is drawn up.