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?
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.
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.
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.
[This message has been edited by Tiger (edited 04-21-2006).]
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.
Re: legalise#158344 04/23/0611:39 AM04/23/0611:39 AM
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).]