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Can i withhold payment, pending receipt of part p certificate?
I contracted a local builder to carry out a garage conversions and install a new kitchen, plus a few other internal alterations.
He sub-contracted an electrician who I was led to believe was certified as a 'competent trade person' (although I was not explicitly given poof of this) and we would therefore receive the necessary certification once complete. The builder told me I would get all the certificates at the end of the project - and not knowing any better, I took him at his word.
In the event, the project took him 4 times longer than he said it would (he started the first week of November and was supposed o be done by Christmas, but was still here at the beginning of March!) We dd get quite antsy with him towards the end - we just wanted our house back.
Anyway, the job was finally 'finished' (debatable) and I waited for his final invoice and the promised certificate - I eventually chased him about 3 weeks later and it was another 2 weeks before the invoice arrived (but no certificate). He also still had our house key at this point, so I contacted him and said I would settle the bill once we had our key and the part p certificate. It was all very amicable and he said it wasn't a problem and he would sort it out. The key arrived some weeks later (after chasing yet again), but still no certificate. I have chased again a fortnight ago, but he didn't respond.
He hasn't chased payment (which is just over £3K), and I also have no intention of paying until he fulfils his obligation and delivers that certificate.
Where do I stand on that? Advice please!
5 Answers from MyBuilder Conversion Specialists
If the electrician wasn't part of a scheme such as the NIC or Napit etc then he has to by law contact building control before any notifiable work takes place. After the work was completed building control would of had to come out again to test and sign off the work because even as a qualified electrician the council still want to know you competent by being part of a scheme. So if this didn't happen then he clearly hasn’t notified them. He should definitely of given you a certificate for the installation.
Answered 18th May 2019
Trouble is with this is saying that the Electrician is ‘competent’ is entirely different from being qualified, etc. Builders usually engage these type of tradesman as they don’t want to pay for one that is qualified and can produce the end result. This results in more profit for the builder, who incidentally, probably hasn’t fully paid the tradesman he engaged. Nonetheless you should get a certificate for the work. You could if you know who the electrician is look on the competent persons register if you can’t find him then he isn’t registered. Believe it or not it is your responsibility to check the credentials of Electricians Gas safe etc-the builder has no responsibility at all to do this.
Answered 19th May 2019
As a building contractor we employ sub contractors with part p qualification.
The only checks building control do on there work is pre plaster, where they check all the internal structures including first fix elecs and plumbing.
They the check second fix on completion or sign off, but the don’t test it! They rely on the the part p certificate, for example, they do the same on structural changes, they trust the engineers calculations are correct and inline with there parameters!
If not able to retrieve a certificate, I would keep the money and put towards another electrician who can sign off, it won’t be a full certificate, however it will be acceptable for building control!
Answered 1st Jun 2019
Taunton • Member since 26 Apr 2015 • 17 jobs, 100% positive feedback
Qualified electricians in my experience given all part P regulations sign off their own work or pay a colleague to provide the certificate.
I have not experienced a building inspector testing electrics?
Why would they,they are not qualified to do so?
I would ask for the phone number or the electrician and have a reasonable chat with him,if he can’t sign it off (certificate) then he will probably know someone who can.
If he doesn’t,you have an issue and the builder should pay for a registered contractor to test and issue certificate.
All best kept amicable to achieve the end result.
Answered 2nd Jun 2019
the response is fine, but to simplify the matter, just go and get a retrospective inspection from a reputable company for your part p and deduct it from the balance but you you should really pay your builder
Answered 2nd Jun 2019
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