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Recovering Electrical fittings
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A friend who is an electrician has been rewiring a house during a major property refurbishment.over the last 6 months for a client
He has finally submitted an invoice with all part P certification to the client. The client is not paying the invoice. The electrician still has keys to the property and just wants to take out his electrical fittings and recover as much cable anfd fittings and is prepared to take a loss on his labour costs . There will not be any forced entry as he has keys or any physical damage to the decorations of the premises . His invoice states that all goods supplied remain his property until payment is made. If he recovers his goods it will cost his client the cost of replastering and decoration as it will again need to be rewired. He doesn't want to go through small claims as they won,t likely pay.
Can he legally do this?
He has finally submitted an invoice with all part P certification to the client. The client is not paying the invoice. The electrician still has keys to the property and just wants to take out his electrical fittings and recover as much cable anfd fittings and is prepared to take a loss on his labour costs . There will not be any forced entry as he has keys or any physical damage to the decorations of the premises . His invoice states that all goods supplied remain his property until payment is made. If he recovers his goods it will cost his client the cost of replastering and decoration as it will again need to be rewired. He doesn't want to go through small claims as they won,t likely pay.
Can he legally do this?
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For more on marking an answer as the "Best Answer", please visit our FAQ.There was a TV programme recently that showed the problems builders were having getting paid after carrying out building work at people homes.
If I remember correctly the builder/electrian has no legal right to recover his materials as they were now part of the structure. Their only legal recourse is suing the householder in the small claims court, unless you do what this builder did:-
http://www.building.c...sp?storycode=3111849.
If I remember correctly the builder/electrian has no legal right to recover his materials as they were now part of the structure. Their only legal recourse is suing the householder in the small claims court, unless you do what this builder did:-
http://www.building.c...sp?storycode=3111849.
Thanks Dodger for the link. It does not make it clear if you can legally recover your property.
All he will do is disconnect and recover his fittings and consumer unit leaving it safe so no one can be hurt physically.He will also cancel the certification and registration with building control and the Niceic governing body. The property will be left undamaged unlike the buider in the "link "
All he will do is disconnect and recover his fittings and consumer unit leaving it safe so no one can be hurt physically.He will also cancel the certification and registration with building control and the Niceic governing body. The property will be left undamaged unlike the buider in the "link "
Do NOT remove the electrical fittings / cable.
The electrical fittings / cable are the 'property' of the homeowner (even though he has not yet paid for them, he has a proprioritry interest in them). Thus removing them would be theft and also burglary as he would be entering the building as a trespasser (the fact he has the keys and so would not be breaking and entering is irrelevant). Doing so and you risk criminal charges (yes, I know this is unfair but thats the law).
This is a civil issue and must be taken up with the small claims court.
The electrical fittings / cable are the 'property' of the homeowner (even though he has not yet paid for them, he has a proprioritry interest in them). Thus removing them would be theft and also burglary as he would be entering the building as a trespasser (the fact he has the keys and so would not be breaking and entering is irrelevant). Doing so and you risk criminal charges (yes, I know this is unfair but thats the law).
This is a civil issue and must be taken up with the small claims court.
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