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#9143 04/20/02 08:13 AM
Joined: Nov 2001
Posts: 280
M
Member
Bill:
In Ohio, we are required to have 10 hours of continuing education every year for our state license renewal. Of that 10 hours, 7 code, 1 osha, 1 technology, and 1 for business.
The Lawyer that they bring in for the classes I take is always the same guy, hes really interesting, and he covers everything from contracts to Agency-relations. By the time we are done we have a 2" notebook size of handouts on Agency-relationships and how to proceed with a Mechanics Lien.
For example for a Mechanics Lien, we as contractors would furnish a 'Notice of Furnishing' This has to be filed with in 20 days, and the customer, if smart, will file a Notice of Commencement, this protects the Sub and the customer.
But the tricky part is to figure is to figure out who the notice is for the GC or the customer himself. Our local suppliers, have now insisted on a copy of the NOF if the material is greater than $5000, One of our local contractors did not do this and went belly-up because the GC never paid him, he owed the supplier over 100 grand, and the supplier had to eat it, of course the contractor lost everything, his house, business and all his credit. The GC got paid but hasnt been seen since. The sub-contractor did not file a NoF and of course did not have any recourse except to suit the GC and the owner of the drug-store was not liable because he paid the GC.
But the liability thing is what scares me, if one of your employees goes to lunch and gets drunk and has an accident you are just as liable. You cant fire the guy because he can come back an suit you on the ADA law, because he will now claim he has a disability, ie Alcholism. It just goes on and on and on..
And Bill if you can get a Lawyer it would be a great benefit.
-Mark-

#9144 04/20/02 09:21 AM
Joined: May 2001
Posts: 717
G
Member
Bill,
The thread "Lost in Tuscan" (sic) may be a great place the barrister would be welcome. A fairly straight forward question regarding contractor/client responsibilities.

Also, regarding the employee holding up the bank, how about the bank holding up the employee [Linked Image] I mean check the interest rates out, their criminal, nah, I don't suppose legalized crime would be a great place for discussion.

Seriously, liens, responsibilities, and duties, would be a welcome area of discussion and certainly I think we all could benefit.

FYI, Virginia now requires a test to be taken by all potential contractors on a small booklet about their contracting law. At this point you only have to see it once and you're in. We are only now beginning to require continuing education credits to maintain the masters status. That's a boon to me.....eh, sorry Joe [Linked Image]

#9145 04/21/02 02:10 AM
Joined: Oct 2000
Posts: 2,723
Likes: 1
Broom Pusher and
Member
I think it would be great to have some one here that speaks fluent "Legal-eeze", not just to help out on the Contract type questions, but to cover the "Fine-Line" of legal issues when a member consults someone with "How-To" information.

Mainly, it would be great to see some of the legal issues we all are faced with somewhat cleared up [or discussed for eons...].

Scott SET


Scott " 35 " Thompson
Just Say NO To Green Eggs And Ham!
#9146 05/14/02 09:50 PM
Joined: Dec 2002
Posts: 30
R
Junior Member
Hey fellas, sorry for tardy entrance - only about 2 weeks after my introduction, I promise my response time will be better in the future. As Bill said my name is Robert Ibraham, I am a Lawyer licensed to practice in New York & Connecticut; I am also of Counsel to the Suffolk County Electrical Contractors Association. Most of the problems that contractors come to me with are rarely unique, usually the same problem has been encountered by dozens of others before. With this in mind I would love for you guys to take advantage of the experiences that I have encountered in helping your brother contactors. Please feel free to email me directly at Ribraham@law.com or post here at https://www.electrical-contractor.net/ so all can partake in the discussion.

Me and "my oily hide" look forward to hearing from you.

#9147 05/15/02 12:52 AM
Joined: Oct 2000
Posts: 4,116
Likes: 4
Member
Rob,

Thanks for finally joining us. I look forward to your input.

Bill


Bill
#9148 05/15/02 08:28 AM
Joined: Jul 2001
Posts: 311
F
Member
Bill,

In response to your question - "How many people here had certification testing that wasn't strickly electrical". When I took my master electricians examination there were questions on business practice, business math and business ethics. There were also OSHA questions. If I remember correctly, they were listed toward the end of the examination.

Frank

#9149 05/15/02 08:55 AM
Joined: May 2001
Posts: 717
G
Member
Robert,
Welcome, I look forward to seeing your response to some of our problems and questions.

A friend of mine taught me long ago, "Good advice is worth more than gold". Thanks for taking your assuredly valuable time.

#9150 05/16/02 01:38 AM
Joined: May 2002
Posts: 68
H
Member
Robert I could fill your week with questions but don't know if there is any federal laws that would apply we have here in Indiana no state licensing so some of our local city's and county's have testing to get the license and some are very fair but some have test that go way beyond what I would say is necessary to show that you are qualified and some are set up to allow the test givers to discriminate between contractors on who will work in there city or county this to me should be illegal we do have a state inspector that by law has to make an interpretation of the code but no contractor here will even think of using him because of reprisals from the local inspectors. there has been some law suits against a unit but most were lost except one that now allows us to use NM cable. is there any federal codes that a test has to follow some kind of standard? and how does a grand father clause work if there is any

[This message has been edited by hurk27 (edited 05-16-2002).]


Be Fair, Be Safe
Just don't be Fairly Safe
#9151 05/23/02 11:00 PM
Joined: Mar 2002
Posts: 86
S
Member
Dear Mr. Lawyer,

I heard in a seminar that I went to that you can not lein a owner occupied residence if you are subcontracted by a General Contractor. But if you have a contract with the owner of the house then you are allowed to lien the house.

Is this true?

#9152 06/10/02 11:59 PM
Joined: Dec 2002
Posts: 30
R
Junior Member
This is in response to Hurk 27's question about Federal application to test standards, I am unaware of an Federal standards for licensing procedures, obviously tests cannot be arbitrary or capricious, if you truly feel that the local boards do put questions on the test with the sole purpose of picking and choosing who gets licensed, someone should bring a discrimination suit. As far as Grandfathering an electrical license.....I have yet to encounter a situation, not sure if it exists, I am going to ask around to a few of the older guys and see if they ever encountered it, or maybe one of these guys can throw in there two cents.

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