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#7779 - 02/22/02 08:42 AM Can He Do That? What is the Law where you are?
Bill Addiss Offline
Member
Registered: 10/07/00
Posts: 3875
Loc: NY, USA
This is probably a good thing to bring up once in awhile so that everyone knows what their rights and options are. I figured We could use a recent Email Inquiry as a base situation. It would also be interesting to hear from locations outside the US as to laws concerning this.
Quote:
I am making an enquiry on behalf of my mother whom is a Chairperson of a Community Based Marae in NZ
My mother answered a knock at her door from a Plumber whom had been employed by a previous contractor to do work at the Marae -He had not recieved any payment/s for work and materials supplied and completed on the above premises, was therefore handing his account to the Marae of concern.
My mother was told that if the marae did not meet with the invoice/costs that he would than come onto the property and remove all materials and work completed.
My mums concern is:
* Can this contractor do this -as he was not employed or approached by any of the marae committee members
* Whose responsibilty is it to pay for his costs
(The contractor whom employed him or the Marae)
Please can you send me Legal information regarding the above - as my mum and i are females and not aware of any Building Contracts or Liabilities

Looking forward to your speedy reply



[This message has been edited by Bill Addiss (edited 02-22-2002).]
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#7780 - 02/22/02 09:12 AM Re: Can He Do That? What is the Law where you are?
Tom Offline
Member
Registered: 01/01/01
Posts: 1044
Loc: Shinnston, WV USA
Once the material is attached to the building, it no longer belongs to the plumber, if he tries to remove it, he could be charged with trespassing at the minimum and theft (ironic ain't it) at the maximum.

It is the property owners responsibility to pay the plumber. The plumber should protect his rights by placing a lien on the property. The property owner must pay the plumber, even if the general contractor has alredy been paid for the job. This is why it is important for property owners to obtain waivers of lien from all persons involved in a construction project.

Of course, this just applies in the Mountain State.

Tom
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#7781 - 02/22/02 12:19 PM Re: Can He Do That? What is the Law where you are?
sparky Offline
Member
Registered: 10/18/00
Posts: 5303
Tom's right.

It may even be called 'theft of utilities' in some locale's.
As much as the spirit moves a contractor, we can no more threaten this than a horse's head under the bed........
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#7782 - 02/22/02 02:28 PM Re: Can He Do That? What is the Law where you are?
Electricmanscott Offline
Member
Registered: 01/12/02
Posts: 1457
Loc: Holden, MA USA
What is Marae if I may ask
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#7783 - 02/22/02 03:15 PM Re: Can He Do That? What is the Law where you are?
Bill Addiss Offline
Member
Registered: 10/07/00
Posts: 3875
Loc: NY, USA
Here's some information I found on a Website about New Zealand. (The Mäori are the indigenous population of New Zealand it says)

Quote:
Marae

The marae is the focal point of the Mäori community. It is a communal meeting place, which is considered to be the centre of Mäori development. The marae complex generally includes a Whare Tipuna (Meeting House) and Whare Kai (Dining Hall), and may also include other buildings such as a church and administration offices.


They can apparently also have Homes attached to them.
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#7784 - 02/22/02 07:53 PM Re: Can He Do That? What is the Law where you are?
Electricmanscott Offline
Member
Registered: 01/12/02
Posts: 1457
Loc: Holden, MA USA
Ok How many of us here are well versed on New Zealand law? Maybe it is ok for the plumber to play repo man there. Cant say the thought has never crossed my mind
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#7785 - 02/22/02 08:30 PM Re: Can He Do That? What is the Law where you are?
Bill Addiss Offline
Member
Registered: 10/07/00
Posts: 3875
Loc: NY, USA
Electricmanscott,

I meant for the topic to be discussed in general terms. But, you never know, We do get visitors from New Zealand that may be able to give specific details on their Laws.

Bill
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#7786 - 02/23/02 04:39 AM Re: Can He Do That? What is the Law where you are?
Electricmanscott Offline
Member
Registered: 01/12/02
Posts: 1457
Loc: Holden, MA USA
Bill, I am sory if I came across as a smartass, I certainly didn't mean to be. It is a very good subject as I have a dozen or so recessed lights I would like to retreive!
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#7787 - 02/23/02 06:29 AM Re: Can He Do That? What is the Law where you are?
Bill Addiss Offline
Member
Registered: 10/07/00
Posts: 3875
Loc: NY, USA
Electricman,

No offense taken, I'm sure that others were wondering why it was brought up here too. I had already written them saying that they should inquire locally, but decided to post the question anyway so that they might be aware of how this situation is viewed or handled elsewhere. I think that there are many that visit here that would like to know what their options are and how others handle this situation

Bill
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#7788 - 04/23/02 02:34 PM Re: Can He Do That? What is the Law where you are?
pauluk Offline
Member
Registered: 08/11/01
Posts: 7520
Loc: Norfolk, England
Hi Bill,

I know this thread's probably long forgotten by now, but as you mentioned being interested in the position outside the U.S. here's my 2 cents.....

The law here in England is pretty much the same as Tom outlined. Once apparatus has been installed it is considered to be part of the building, and cannot be removed without the owner's permission. Perverse as it may sound, one could technically be charged with "criminal damage" for attempting to recover fittings in this way.

The only legal recourse is to take the matter to court. That means paying court application fees, etc., woth no guarantee of getting anything back at the end of it all.
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