I've done a job for a client. I advised them on my first visit to get building regs and drawings done but they didn't want to go that way and wanted me to do a job without it. I did my best, used standard lintel which I would normally use in similar situation. They were happy With my work until they received final bill. They are refusing to pay saying wrong lintel was put in and waiting for structural engineer to do his report. I wasn't provided with building regs or drawings and used my 25 years experience during job. My question is: am I responsible for that lintel now? If structural engineer will say different lintel needs to be put in will I be responsible for costs? I haven't been even payed for job yet!
Would of thought you are responsible as you have admitted you knew regs were or even may have been required. Experience counts for nothing rules are rules, if lintel is wrong spec it is down to you. You haven't been paid yet as the have you over a barrel. Others who know more like DA, CGN, Sospan and KIAB may have a more positive response to your predicament.
I think it is the customers issue. You advised them of the issue before carrying out works and the instructed to to proceed on the basis. It is their fault. Put it in writing now: politely. Also start the process to recover the unpaid invoice
What was the opening and what lintel did you fit? Should add, how do they know it's the wrong lintel?
They didn't want to pay for drawings or involve building control (or pay you for that matter), but they've employed the expensive services of a structural engineer? As CGN above says, how do THEY know it's the wrong lintel? Something doesn't seem to add up here.
Sounds like a scam. Didn't want to go the legal Building Control route, but all of a sudden want a Structural Engineers report. Done this before have they. Structural Engineer a friend of the family by any chance.
Sounds like a stitchup for the unlucky git conned into undertaking the job to me. Seem to be a few threads on these instances recently, must be a surge in brassic immoral homeowners thinking tradesmen are privileged to work for them, and don't need to feed their own families. Shi.tbags.
I disagree. He advised the client to get building regs and drawings done and the client went against his advice. That is the customers choice and they are now liable for the consequences. Anyone providing advice such as this cannot be held responsible if the client didn't follow it.
Highly unlikely to be accepted in court though is it. The judge would rule he's the professional and shouldn't have preceded with the work if it wasn't under building controls guidance.
I strongly disagree, yes he did give advice which was not taken yet he still proceeded with the work, ask Judge Rinder........guilty!
That's what I'm thinking, the customer had that in mind all that time. I would like to know how I stand in that situation. They knew about costs of building regs and drawings and didn't want to do it. I found on few websites that home owner is responsible for obtaining building regs and drawings and as they didn't supply any of it I've done the job so it would pass it in my opinion.
The hard bit will be getting any money out of the tight wads, I took someone to money claims and it took two years to win.
If they think it's the wrong lintel, offer to replace it. But,, once you have the lintel out, take it away and refuse to go back (don't forget to take any acro props with you as well)
Unless you've fitted a piece of 4 by 2 over a wide opening it will proberly be all right. But enlighten us as to what exactly you have done.
Actually no it is the home owners responsibility to notify Building control, from the government site "If you are employing a builder, the responsibility will usually be theirs - but you should confirm this at the very beginning. You should also bear in mind that if you are the owner of the building, it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations." However, if the work is non compliant - by Building Control "if a person carrying out building work contravenes the Building Regulations, the local authority may prosecute them in the Magistrates' Court where an unlimited fine may be imposed (sections 35 and 35A of the Building Act 1984). Prosecution is possible up to two years after the completion of the offending work. This action will usually be taken against the person carrying out the work (builder, installer or main contractor)". If you are positive your work is compliant, I would call Building Control and ask them to look at the lintel. Just tell them on the phone that you were assured by the home owner they had notified Building Control and now you are seeking retrospective agreement. And the ball is now in the home owners court ... If they refuse access to the Building control inspector then it makes your case a lot easier