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#158335 - 04/21/06 10:04 AM legalise
kinetic Offline
Member
Registered: 04/06/02
Posts: 158
Loc: Phoenix, Arizona
I was refer'd from a current GC I do business with to a GC friend of theirs that is really in a pinch. Her current electrician went bankrupt and the job is roughly 85% finished but the bank has set a deadline for the house to be finished by the end of this month. I am looking for some legalise to add to my contract concerning the fact that I am jumping into the project at the end and don't want to be responsible for any shortcuts the other electrician may have made. Anything to reduce my liability and exposure since the work left is mostly fixtures and a really good hotcheck. Anybody have some experience with this particular situation?
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Business, Office, Estimating, Legal:
#158336 - 04/21/06 10:56 AM Re: legalise
kdal Offline
Member
Registered: 09/21/05
Posts: 35
Loc: Florida,U.S.A.
Good luck.
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#158337 - 04/21/06 11:02 AM Re: legalise
festus Offline
Member
Registered: 11/30/03
Posts: 43
Loc: fairfax Va USA
The other electrician went bankrupt?
Did he lose his license? if not, then he should be responsible for his work. If he signed a contract, he is responsible for completing it, if he can't then his bond should pay another electrician to do the work. If he died, and was the only license holder, his estate or insurance should pay.
I would be very wary of this situation, and would get a lawyer that knows contracting law involved prior to any commitment. Make sure your contract price covers your legal fees too. I am by no means an expert on this, but I would get a lawyer or just walk away.
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#158338 - 04/21/06 11:16 AM Re: legalise
LK Offline
Member
Registered: 01/21/03
Posts: 1721
Loc: New Jersey
"but I would get a lawyer or just walk away."

I agree !
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#158339 - 04/21/06 11:44 AM Re: legalise
Active 1 Offline
Member
Registered: 02/22/03
Posts: 684
Loc: Grayslake IL, USA
If you get the GC out of the mess you'll be a hero. Talking to the building deptment might help. You would think they would have a passed rough and service inspection. I would just bill for the final work and checking what is open. Make it clear no warenty, what you had, and what you did.
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#158340 - 04/21/06 01:35 PM Re: legalise
mahlere Offline
Member
Registered: 11/17/05
Posts: 514
Loc: New Jersey
Quote:
If you get the GC out of the mess you'll be a hero.


only until they get your bill. there was a reason the other electrical contractor went bankrupt. My guess, he wasn't the highest price, and the GC didn't use him because he was the best available.
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#158341 - 04/21/06 01:52 PM Re: legalise
Tiger Offline
Member
Registered: 05/04/05
Posts: 714
Loc: Crystal Lake, IL USA
It would be nice to hear from the bankrupt electrician, but it's not too much of an assumption that he went bankrupt working for this GC. Bid it for the additional stress and demand on your schedule. Get a large advance and limit your liability with the contract. Otherwise...run.

Dave

[This message has been edited by Tiger (edited 04-21-2006).]
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#158342 - 04/21/06 05:17 PM Re: legalise
renosteinke Offline
Cat Servant
Member
Registered: 01/22/05
Posts: 5305
Loc: Blue Collar Country
The best I can come up with is "lack of proper planning on your part does NOT constitute an emergency on my part."

They want you to jump into this unknown, and yet hold you to terms OTHERS agreed to? So, what happens if the bank is not happy? Why should that be your problem?

GC's have no friends- and problems are always someone else's fault.

The other EC went bust? You think maybe the GC had something to do with that? I'd run like mad from this one.
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#158343 - 04/21/06 09:32 PM Re: legalise
macmikeman Offline
Member
Registered: 07/16/02
Posts: 718
Loc: Honolulu, Hawaii
I would want to have a signed contract that states that the gc party would agree to "Defend" and "Hold Harmless" my company. And it would be best to get an attorney to write it up, as others have also said.
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#158344 - 04/23/06 08:39 AM Re: legalise
kinetic Offline
Member
Registered: 04/06/02
Posts: 158
Loc: Phoenix, Arizona
Planning on billing it as T&M with same day pay and cost +30% for materials. If I do jump in I am making sure the money is there. The house did pass the prior inspections but you never know how well they looked and if he went back after inspection to do more work. Was looking for what macmikeman mentioned: agree to defend and hold harmless my company from prior work. With the timeline I was hoping to avoid a lawyer but it seems the smartest way to go. Anyone know a good construction lawyer in Phoenix,AZ by chance? Thanks for the words of advice everybody.

[This message has been edited by kinetic (edited 04-23-2006).]
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