Who is responsible Builder or Electrician

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davfran

Registered User
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Hi all, I will try to make this brief. New home of five years, the builder contracted the electrician, plummer etc. In the home awhile when the pump for septic tank kept tripping, brought in other electrician to discover indoor wiring was used outside!!!! I queried former electrician his response was 'I was saving you money', I did'nt ask him to and he was paid in full, he had since changed careers!!!!! I am waiting for response from RECI to see if he was registered. Can somebody please tell me who is responsible for correcting this issue the builder or the so-called electrician? What steps do I take? Thanks.
 
Who was overseeing the project? Architect? Engineer? Yourself?

I would say technically its the builder's job to make sure any of his contractors ( unless they were your nominated subcontractors?) provide the service and complete the work properly.

mf
 
mf1, an engineer checked out the house during the build and at completion. since it has been five years, is there a timeframe to complain? I initially contacted the builder, he said it was betwee me and the electrician, I explained that it was he the builder who chose that electrician. What should I do about It? Appreciate your advice. Thanks.
 
After 5 years, I suspect there is very little you can do about it, especially if the electrician who made the mistake in the first instance is no longer working in the industry, isn't going to be too bothered about his reputation as an electrician, and is hardly likely to come back at this stage to correct your problem. Hard to see how it could be pinned on the builder, who could not be expected to have intricate knowledge of electrical wiring requirements and would ultimately have depended on the electrician's confirmation (and possible RECI certification) to satisfy themselves that the job had been completed to spec.
 
Disagree. If you had one main builder and the builder chose the subcontractors then he is responsible for their work and remains so for 6 years. So yes, think you do have a case against the builder. However I would suggest you check to see if it is covered by your household insurance as an easier option than claiming against the builder.
 
If that is the case ubiquitous, should the same apply for plumbers, carpenters, plasterers etc that the bulder contracts. Take it or leave it, not my problem attitude? In fact the builder praised the electrician highly, go figure!!
 
davfran said:
If that is the case ubiquitous, should the same apply for plumbers, carpenters, plasterers etc that the bulder contracts. Take it or leave it, not my problem attitude? In fact the builder praised the electrician highly, go figure!!
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I would defer to the expertise of the legal eagles on this question. I think they have answered your question more than adequately.

That said there is a subtle difference between electricians and others such as plumbers, carpenters, plasterers etc. Electrical work is usually certified by the electrician as a pre-requisite for ESB connection. The electrician is legally accountable for all work certified by him, and he cannot hive this liability onto contractors, property owners or others. No similar certification process exists for the other trades.
 
Thanks for that ubiquitous. I am just pesuming until I get confirmation from RECI, that the electrician was registered with them at the time of the build. Surely then he is responsible, even though no longer in the trade. What do I do about it?
 
Vanilla said:
Disagree. If you had one main builder and the builder chose the subcontractors then he is responsible for their work and remains so for 6 years. So yes, think you do have a case against the builder. However I would suggest you check to see if it is covered by your household insurance as an easier option than claiming against the builder.
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If OP is in house 5 years then its very touch and go was the faulty work done within the 6 year window.......
 
Well, yes and no. It's not that straightforward. Where negligence is involved the time doesnt start running until the cause of action accrues, and one could argue the cause of action doesnt accrue until the person becomes aware there is a problem. But it'd be safer to stay within the six years anyway.
 
And the action would be versus the builder as the OP (assumption here, ased on normal circumstances) is not likley to have had a contract with the electrician, the MCs subbie?
 
davfran said:
Thanks for that ubiquitous. I am just pesuming until I get confirmation from RECI, that the electrician was registered with them at the time of the build. Surely then he is responsible, even though no longer in the trade. What do I do about it?
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Sorry if I am missing something here but surley if you're contract was with a builder then the buck stops with the builder. On the other hand if you built by direct labour where you contracted each tradesman separately then it's the electrician you would be chasing.
 
monkeyboy said:
And the action would be versus the builder as the OP (assumption here, ased on normal circumstances) is not likley to have had a contract with the electrician, the MCs subbie?
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Yes. Or as demoivre clearly states- direct labour- your contract is with each subcontractor- one main builder- your contract is with the builder. Now he can in turn join the electrician to the action if he wishes but ultimately he is responsible to you.
 
Thanks for the comments, (1) the builder sub-contracted the electrician as well as the plumber etc. (2) no direct labour was involved. Has any one had, or know of anyone who has had a similar experience?
 
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