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?

Good luck.

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.

"but I would get a lawyer or just walk away."

I agree !

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.

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.

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).]

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.

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.

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).]

Was trying to find out more info about the other electrician. She mentioned the company name but I wasn't able to locate a phone number. Might just ask her for an old business card to talk with him myself.

Is it possible, there was no EC on the job, just some hackers, now they want you to attach your Lic. to the work, this is a common thing GC's try to pull.

The story, will go something like this, he said he pulled a permit, if he din't you can get one, we will pay for it.

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

That's a GC trick I haven't heard of, but have seen in other trades. The GC has his laborers do the work so he can pocket more profit. Then the tradesman bales him out so it's a legal installation.

Dave

You should be able to find out more by calling the building department. Would not hurt to have the permit #, address, etc. handy for them. Find out what electrical inspections it had and who was on the permit to do the electric. If they are helpfull maybe the can tell you if it passed rough on the 1st inspection or any inspection problems.

Tom

What if the other EC didn't go bankrupt, but merely refuses to finish the job because the GC hasn't been paying him......

Just a thought.

As far as permits go anyone can pull one. The only stipulation is you have to live in the house for two years before you sell it. They can even do all of the work themselves without a GC's lic. or any other lic. They just have to pass the inspections. As far as most of the housing being built goes the GC's pull all of the permits. I have only had to pull permits when I work for homeowners directly. Still living in the wild wild west I guess.

When it comes to "legalese I believe it is far more important WHO signs, than WHAT they sign.

No contract, however carefully written, is woth the paper its' written on if you're dealing with a scoundrel.

I have been on far too many jobs, where the job finished with me getting paid, while another contractor (of dubious practice) has been left hanging.
In a like manner, on the rare occasions where the customer is the game-player, I quickly learn that dealing with him is a waste of time.

Sure, there are liens, courts, and such- but I'm not in business to spend all my time at the courthouse! (Not to mention the provewrbs about avoiding courts at all costs- once in front of the judge, all bets are off, and anything can happen!)