QUESTION
Client refuses to have proper safety equipment installed, on hot tub.
Asked on Nov 13th, 2023 on Construction Law - Texas
More details to this question:
So there is a lot to this. It’s a hot tub service repair call, I am the company owner. The client was given a quote in September for the conversion of his old Morgan spa. We had to order parts and other components to replace the old system. Sometimes unforeseen issues arise that were not initially seen, or anticipated. The client is missing a crucial component of his system, the GFCI(ground fault circuit interruptor) which is a NEC and local city requirement. Not to mention additional repairs were found needed on his hot tub. He is refusing to have the GFCI installed, demanding that we install as is. He said he will sign an affidavit stating that he is aware of the safety concerns, and wants it installed out of compliance. He is threatening to “report” me and to contact his credit card company to have the 60% deposit he paid for parts to be reversed. He expects us to eat the new found costs and to comply with his demands on his timeline. He was informed of the timeline for receiving
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
at
Reid Dennis & Frick, PC
Update Your Profile
It is highly unlikely that the installation will pass inspection without a GFCI. Installing a GFCI is not a big deal and ought not be a significant expense for you as the contractor. The licensed electrician you typically use on spa installations and repairs ought to be able to install a GFCI at nominal additional cost to you.You might want to have a discussion with the estimator who gave the quote on behalf of your company. The absence of a GFCI is not an unforeseeable issue. Any time a contractor gives a quote for work, the contractor needs to inspect the current installation to determine if there is work required to bring the item "up to Code." This is a common requirement for passing inspection. Building Codes are constantly updated. While GFCI requirements were updated in 2023, the requirement of hard-wiring a hot tub or spa to an outlet that is GFCI protected has been around for many years now.So I think you would lose on the argument about the GFCI being unforeseen or unanticipated at the time of the quote. Some contractors, however, specifically include language in theri quotes that the customer will be responsible for the cost of any additional work required to bring the installation up to Code in order to secure a permit or pass inspection.
Answered on Nov 14th, 2023 at 3:23 PM