ECN Forum Forums General Topics of the Trade General Discussion Area I've Had It............

Perhaps a visit to an attorney would be a good idea. Have them draft you up a real good set of documents for potential clients to sign, so you have that paper trail to back you up. As they say in our shop, if it's not on paper, you didn't do it. Oh, and thanks for discussing it here, helps others in the long term Take care, Brian

Brian,
What EC,s must remember to do, is notify the AHJ in writing as soon as they discover any misuse of permits, this will help clean-up the industry.

[This message has been edited by LK (edited 04-21-2004).]

The guys at my old shop ran into a version of this...

The GC we'd been doing work for sold the last house owing us $15K. The foundation was poured, and we were waiting for the splinterers (excuse me - framing guys) to finish the outside, so we could work on the inside. Put up a temp service, and filed for the permit. Everything got WAY jumbled up and behind schedule. We were supposed to start in May... They finally started framing in June... you know how it is.

Well, after numerous haggles with GC, where he wanted us to start even though he owed us from the LAST job, the boss finally got into a pissing contest, which ended with a threat of a lein against the property.

Didn't hear anything from my foreman, until one day he was driving by the site, nad noticed "E.C. 'X'" vans in the driveway. Well, he drives an unmarked utility body, so he stopped in and BS'd with the guys, then stopped by the Village Hall, to have a short conversation with the AHJ.

Something like: "Did X pull a permit for the job on Main Street?"

"No, why would X pull one...you guys are working over there, right?"

"Right?"

AHJ went over and "stop work"ed 'em, due to improper permits, and, IIRC, quality of work. He had a few choice words for the GC as well... something about a fine toothed comb.

As always, it pays to be on good terms with your inspectors!

Not-so-subliminal message:

Goldfinger: "Sue"
Prince, Faith: "Sue Me"
George Harrison: "Sue Me, Sue You Blues"
Dion: "Runaround Sue"
The Oak Ridge Boys: "Bobby Sue"
Buddy Holly: "Peggy Sue Got Married"

My favorite:
Johnny Cash: "A Boy Named Sue"

This one would definitely not be considered a frivolous lawsuit. What chutzpah !

I think the liability issue is a good one for argument's sake or to intimidate the GC or owner with rightous indignaton, but in reality, I doubt it would ever stick. If the GC or owner lies, they're the ones liable for fraud. I don't think it is realistic to put the burden on the EC to also be the honesty police and have to patrol slimey characters like these.

If you can catch them in the act and drop one of Trainwire's wrenches into this guy's job and give him a little justice, by all means please do so. But I personally don't think it is an issue (at least where I come from) that would keep me up at night worrying that someone is exposing me to liability behind my back. I hope I'm not wrong.

Unless you have money to burn, you need to CYA with the AHJ. If your name is anywhere on an official document,you WILL be included in the suit when something goes wrong. Even if you prove you had nothing to do with it, it will cost you money to do so. Now, think about trying to straighten things out 10 or 15 years from now. Without fail, document to the right people and, if at all possibe, hang the bastards out to dry.