ᐅ Tradesperson drills into electrical wiring – who is liable?

Created on: 2 Sep 2021 21:33
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drno1234
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drno1234
2 Sep 2021 21:33
Hello dear forum,

I need your advice on the following matter:

Last year, I had a house built through a general contractor. The contract did not include a canopy above the front door. Therefore, this year I arranged for a local craftsman to install a canopy, which I had configured and ordered through an online retailer. The installation by the craftsman was agreed upon separately.

When the craftsman was about to start the installation, I pointed out that there were cables in the area where the canopy would be mounted. I showed him a photo of the exterior wall before the plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "OK, let's do it that way." Unfortunately, it later turned out that a cable was still drilled into.

The craftsman’s position:
He claims no fault on his part, since I instructed him to install the canopy at that position. He could not have known that a cable was also located there. He places the responsibility on me as the client.

My position:
I am a layperson and have no knowledge of the exact methods for canopy installation or the usual rules for routing electrical wiring. Therefore, I am not able to assess a sensible mounting position. I saw the craftsman’s suggestion as expert advice, which I accepted. If something goes wrong, then he is the one responsible.

Since this might involve significant costs, I would be grateful for advice, possibly including references to legal principles.
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Traumfaenger
2 Sep 2021 22:41
I am not a lawyer, but what you discussed in private is no longer objectively verifiable. However, when I properly hire a tradesperson for such work, I expect them as a professional to fulfill their duty of care and to be liable or insured in case of any damage. Of course, if it was a low-cost unregistered worker from a gig platform or classified ads, they probably won’t be insured or liable in any way.
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ypg
3 Sep 2021 00:04
On one hand, just as @Traumfaenger says.
On the other hand:
drno1234 schrieb:

I pointed out to him that there are cables in the area of the fastening. I showed him a picture of the exterior wall before plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "ok, let's do it that way."
drno1234 schrieb:

I am an amateur.
drno1234 schrieb:

Therefore, I cannot assess what would be a sensible mounting position.

…this is where the crux of the matter lies.
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HilfeHilfe
3 Sep 2021 07:31
How do you now conclude that a cable was punctured?

Have you already asked Elli about the cost and how it can be resolved?
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Bardamu
3 Sep 2021 07:42
Before drilling holes in the wall where you suspect there might be cables, you could use a wire detector to be sure. It costs 20 euros.
That’s the only thing you could have expected from either side.
Otherwise, I don’t see any reason why anyone should be held responsible for this cable.
You showed him the plans; if the cables are located somewhere else, you should have known that since you were present during the construction.
Everything else is just bad luck.
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drno1234
3 Sep 2021 07:52
First of all, thank you for the opinions.
My question was specifically: who is liable?
I could not clearly understand this from the statements so far.