[RE-wrenches] Liability

[Joel Davidson]

Hello Mac,

I can understand not wanting to get involved in some people's problems, but electricians, plumbers and other tradespeople make a good living fixing people's problems. I have examined, tested and repaired PV systems for over 25 years. Sometimes I work with subcontractors or partner up with other experts on some jobs. I have never been sued by a client or a subcontractor because I make it a point to avoid problem people.

Almost all my problem-solving work comes from phone inquiries, but some come by email. I telephone interview the prospect to determine the problem and to get a feel for how they will be as a client. I will not work for or with disturbed people or trouble-makers. I always ask who did the work and why he or she is not fixing it. The prospect's answers tell a lot about how the prospect will be as a client.

If I can not do the work and know someone good who can do the work, I make a courtesy referral. If I can do what the caller wants or needs, I will tell the caller what I will do and how much I will charge. If they agree, I go to the site. If I do not feel good about the prospect or the place, I tell them I can not help them and leave.

If the prospect is reasonable and I can do the work, I examine what needs to be done, show and tell the prospect what I will do, how much it will cost and the payment terms. If the client agrees, then in writing I specify the problem, my solution, list pre-existing conditions and exclusions for which I am not responsible. I also indemnify myself from any and all unspecified and undiscovered pre-existing conditions. Then I get the client to agree in writing that I will not be held responsible for the listed and undiscovered pre-existing conditions and exclusions. Then I do the work.

Upon completion of the work, I show and tell the client what I did and get their acknowledgement that I performed the work that they expected to their complete satisfaction. If there are any unfinished issues, I finish them to their complete satisfaction. Then in writing, I list the work performed, reiterate the exclusions, have them sign off that the work is completed to their complete satisfaction and give them the invoice.

I am thankful that many customers have become references and friends.

Happy Thanksgiving.
Joel Davidson

  ----- Original Message ----- 
  From: mac Lewis 
  To: RE-wrenches 
  Sent: Wednesday, November 23, 2011 8:43 AM
  Subject: [RE-wrenches] Liability


  Hey wrenches,


  Wanted to see what everyone does in a case like I just encountered.  I got a call from a tenant for an off-grid system installed by the landlord (supposedly an electrician).  I went up there to look at the site and it was a mess.  System lacked OCPDs, there were gouges in the insulation of the wires, loose terminals, nothing ran in conduit, etc...  I was called up there to see why the generator was not auto starting.  I got the auto start working, expressed my concern to the tenant about the workmanship and left.  Now I'm wondering whether I should have touched the system at all.  What would you do?  Is there liability here?


  Thanks
  -- 







  Mac Lewis


  "Yo solo sé que no sé nada." -Sócrates





------------------------------------------------------------------------------


  _______________________________________________
  List sponsored by Home Power magazine

  List Address: RE-wrenches at lists.re-wrenches.org

  Options & settings:
  http://lists.re-wrenches.org/options.cgi/re-wrenches-re-wrenches.org

  List-Archive: http://lists.re-wrenches.org/pipermail/re-wrenches-re-wrenches.org

  List rules & etiquette:
  www.re-wrenches.org/etiquette.htm

  Check out participant bios:
  www.members.re-wrenches.org

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.re-wrenches.org/pipermail/re-wrenches-re-wrenches.org/attachments/20111123/1dbd743e/attachment-0004.html>