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View Full Version : Service contracts - lock out clause?







Clk320_Greg
21-10-2009, 04:30 PM
Been called to a site where i spent a lot of time working when i was a trainee, i still kept in touch with some of the guys who work there so when they started having problems with the current contractor they gave me a ring.

Now i went down there and sorted a few probelms, but on one of the days the service contract holders blokes turned up and got the hump that i was on site.

It turns out some of th problems i was fixing that were takeing me a few hours here and there they had spent a few days on already!!!!

Whats worse is on some occasions they had reported that they had carried out work that would require they system to be recovered (3WVs etc's) but yet all that went upto the plant room was a man and a tool bag (as seen on CCTV).

So its clear that on one hand they had been ripping them off, and on the other they had also been sending engineers who know nothing about the system in place at this building!

Now that the service contractor has got wind that ive been in fixing stuff they have got the hmp and called up the building manager threatening leagle action if they carry on useing me?

Now im wondering if there are any real ground for leagle action?

Any advice from guys who have been here before?

Its not long untill the service contract is up anyway, and it looks like ill get a good shot at it, but in the mean time these guys are getting hammered with invoices for work that isnt being done!


Im not here to name and shame the fim in hand, as ive come accorss there work before, and its normally really good! But the impression i get here is they are sending a tech who knows his way round say a Tosh unit, to a site where theyy have only Mitsi's

taz24
21-10-2009, 05:02 PM
Been called to a site where i spent a lot of time working when i was a trainee, i still kept in touch with some of the guys who work there so when they started having problems with the current contractor they gave me a ring.

Now i went down there and sorted a few probelms, but on one of the days the service contract holders blokes turned up and got the hump that i was on site.

It turns out some of th problems i was fixing that were takeing me a few hours here and there they had spent a few days on already!!!!

Whats worse is on some occasions they had reported that they had carried out work that would require they system to be recovered (3WVs etc's) but yet all that went upto the plant room was a man and a tool bag (as seen on CCTV).

So its clear that on one hand they had been ripping them off, and on the other they had also been sending engineers who know nothing about the system in place at this building!

Now that the service contractor has got wind that ive been in fixing stuff they have got the hmp and called up the building manager threatening leagle action if they carry on useing me?

Now im wondering if there are any real ground for leagle action?

Any advice from guys who have been here before?

Its not long untill the service contract is up anyway, and it looks like ill get a good shot at it, but in the mean time these guys are getting hammered with invoices for work that isnt being done!


Im not here to name and shame the fim in hand, as ive come accorss there work before, and its normally really good! But the impression i get here is they are sending a tech who knows his way round say a Tosh unit, to a site where theyy have only Mitsi's


I'm not a legal expert (or any expert:cool:) but I would say the client has the right to check the work of the contractor in any way they want.

The contract is to maintain and repair, not to rip off. So if the customer suspects that they are not getting the service then they have every right to ask for a second opinion.

Only my views and I do not know if that is correct or not.

taz.

Brian_UK
21-10-2009, 11:07 PM
The only legal action that I can see happening is the contractor calling for breach of contract if their contract excludes other companies working on the same kit.

If however your client uses your expertise as a 'second opinion' then I would it would enable him to call for breach of contract and throw them off site. He could also perhaps claim compensation. See what your cowboys think of that option.

mad fridgie
21-10-2009, 11:19 PM
You have been employed by the client, the other contractor has NO legal issues with you (unless you are knowling breaking a law!) They may have with client, who knows what is written in the contract.
The only other issues is did you wotk for the contractor in the near past? You may be under some sort of work restraint!

Clk320_Greg
22-10-2009, 07:59 PM
Oh i know im clear! Its th client who is panicing!

Update today :-

I went and had a look at a VRV fault, turns out it was the inverter board, so i sent itto NDC to see what could be done. Anyway the other firm got wind of it and made more threats, so they then got asked to go in and do the repair (a repair they misdiagnosed). There tech went upto the unit and **** himself, i left it striped as i could probably wire these things blindfolded i didnt bother lableing the cables and it turns out he hasnt got a clue what to do! They have asked for the inverter board back as they dont think its at fault, and demanded i return to re install it and leave the unit as i found it! Ive told the client thats fine, but ill be wanting the full whack for installing a PCB and also i want paying up front as i am not being messed about!

Ive proven myself over and over by clearing up this other firms mess, so its about time i called the shots a little!

Magoo
22-10-2009, 09:21 PM
The building operator holds all the cards and should be terminating original contract on incompetency and non-performance issues.
I would not get to stroppy in all this, as you could be left out in the cold.