Hi Folks, One of my clients a building contractor has just come to me with an odd query/issue. It has come to light that an electrical installation contractor who he used from 2005-2008 has carried out some very poor work on building projects where my client was the main contractor. Particular instances include 415v to a light fitting and a suspended ceiling grid being live. The building contractor has approached the electricians who have said that as its over 3 years since the install it is beyond any warranty or guarantee period. He then approached the NICEIC who were also not interested due to the work being over 3 years old and it potentially having been interfered with by someone else. He then spoke to trading standards and consumer direct who advised contacting the HSE. My feeling is that I don't think the HSE have the resource to investigate this issue and my client is afraid of opening a can of worms, however I find it unbelievable that the Trade Body (NICEIC) is unwilling to take up the issue with the company. The building contractor is worried that someone may up hurt and wants to do the right thing but is afraid of ending up lumbered with the total cost of sorting everthing out because of rules on timescales. Thoughts anyone?

David beat me to it. If your client want's to do the right thing by their customer (which is admirable, a lot wouldn't) I suggest they start by pricing up the corrective works. It might hurt but I'm sure it will be an order of magnitude cheaper than going after the subby.

Your client also needs to talk to their PI insurer if they wish to potentially recoup some of the re-work costs. They were the PC/ employing contractor and thus in law the work was undertaken by themselves and they are the person responsible to the client. Yes they can then claim from the subcontractor but that is another issue. The HSE may be interested but unlikely unless they have other information re this subcontractor. Bob

Hi, having a background in electrical installation before i reached the heady hieghts of HSE i would say that a shot across the bows relating to thier duties under HASAWA may get a response especially if the local HSE office is cc'd in for extra effect. Maybe ask the local HSE inspector what he thinks. Also-have a look at the Electrical Contractors Assosciation (ECA)-the contractor may be a member and they may be interested in the case. Of course the contractor will argue that they have properly inspected, tested and certified the installation in line with BS7671 and that the work was "ok" when they left and must have been tampered with but the bluff wont cost anything apart from a stamp. I assume there was a contractual 12 months defects period and then a retention was paid back to the subbie-shame?!?! Anyway-other than that i can only think a trip tpo see your legal department might be the order of the day. Good luck with it anyway.