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To report or not to report.....

In a theatre that I look after, we recently had some work done to demolish existing 'lean to' toilets and replace them with a new larger toilet block incorporating a new disabled WC.  The electical work was done by a subbie to the builder.  I think the original sparky disappeared for some reason, and someone else finished it of and certified it (under a NAPIT registration).  I have seen the cert, and I have seen the work.  I don't believe it should have been certified in the way ot was, given the quality of the work.  The work involved installing new lighting and fans from an existing feed cable that fed the old toilets, installing new hand driers (also from an existing feed), emergency lighting modifications and fitting a disabled WC alarm (fed from the lighting circuit).  Issues observed are:


No RCD protection to any circuits, even though cables are clipped to the brick/block behind a dot and dab wall (no capping or otherwise). The existing dist board pre-dated the RCD requirement but RCBOs for it are readily available.

Cables outside permitted zones - and 'stuck in' with expanding foam - no capping or conduit.

Conductors not correctly identified (blue, or black for switched live; black for neutral - no oversleeving or coloured tape even) 

Earth sleeving missing

Rats nest of terminal blocks stuffed into the ceiling above downlights

No fan isolators fitted

No emergency lighting test switches fitted

Cable that was feeding a redundant external emergency light joined in junction box and T&E run partially exposed externally and then under lead flashing and fed through a hole in our lovely new roof membrane (causing a leak....).

Emergency lights missing over re-located exit door

Emergency lighting terminal block just stuffed up into corner of wall/ceiling and plastered in.


Some pictures in the attached zip file for your amusement.


I appreciate the certificator didn't do the first fix work, but de did state on the certiificate '100% visual inpection'  and ticked all the boxes that should not have been ticked based on the above.


We haven't yet raised this with the contractor, however we are wondering if we should report him to NAPIT (if they would even care.....).  It doesn't seem right that a supposedly competent scheme member should certificate work in this condition.


We have held money back from the main contractor for this (and numerous other items that they have been unable to rectify).  I can fix it all myself, and I'm not sure I would trust the sparky to fix it all properly anyway..... 


What would you do?


Jason.

ph-pics.zip
Parents

  • jbrameld:

    Given your mentions of legal recourse, I presume you mean 'Competent Persons Scheme' rather than 'Crown Prosecution Service'!


    The crown service of course having no interest in Civil cases.


    I don't plan to take them to court.




    Yes, I didn't think for one moment that you intended to report the workers to a magistrate.


    Afraid that I think that you (or the theatre) are on a hiding to nothing. Contracts have express terms and implied terms - the latter refers, for example, to goods being fit for purpose. So if the contract says, "supply and fit fan to toilet block", what may be implied? There may be case law which sets this out, but IMHO, fit for purpose means that the fan should be effective in changing the air to a reasonable standard, and that it should be possible to operate it reasonably safely. I am not at all sure that compliance with BS7671 is necessary unless it was specified in the contract.


    By all means, withhold payment until you are satisfied that the contract has been completed, but very sadly and despite all the consumer law which we have, I am not optimistic that you will have a satisfactory outcome.

Reply

  • jbrameld:

    Given your mentions of legal recourse, I presume you mean 'Competent Persons Scheme' rather than 'Crown Prosecution Service'!


    The crown service of course having no interest in Civil cases.


    I don't plan to take them to court.




    Yes, I didn't think for one moment that you intended to report the workers to a magistrate.


    Afraid that I think that you (or the theatre) are on a hiding to nothing. Contracts have express terms and implied terms - the latter refers, for example, to goods being fit for purpose. So if the contract says, "supply and fit fan to toilet block", what may be implied? There may be case law which sets this out, but IMHO, fit for purpose means that the fan should be effective in changing the air to a reasonable standard, and that it should be possible to operate it reasonably safely. I am not at all sure that compliance with BS7671 is necessary unless it was specified in the contract.


    By all means, withhold payment until you are satisfied that the contract has been completed, but very sadly and despite all the consumer law which we have, I am not optimistic that you will have a satisfactory outcome.

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