We have noticed a disturbing trend whereby customers, on being sued by contractors for money owed, suddenly seek to create a defence based on alleged faulty workmanship by the contractor.
Contractors should, at the first indication that such an allegation is included in the defence pleadings, or in some cases are the sole defence relied on, immediately contact ECSSA so that it can be established whether there ever was a complaint made by the customer in respect of the quality and safety of the installation.
The ECSSA Complaints Process is open to anybody who feels that their contractor is guilty of non-compliant or shoddy workmanship.
There is no charge to the customer who avails of inspection of the installation by an ECSSA Inspector even if the complaint is found to be unfounded. The facility to make a complaint is publicised on the ECSSA website and is also known to the National Consumer Association and ESB Networks.
Indeed contractors might be well advised to mention to their customer at the start of the job that if the customer is unhappy about any aspect of the work, they should seek an inspection at the earliest opportunity to allay their fears rather than seek to use these reservations as a defence when the contractor seeks to recover all or some of the contract price later.
It is not the function of ECSSA to look after the commercial interest of customers, the primary function of the Regulatory Bodies being to promote and protect the safety of the public.
However, the public perception of the effectiveness of the protection offered to the public would be severely damaged if customers were seen to successfully plead that bad workmanship existed in their installations and that such bad workmanship had not been detected or dealt with by the contractors Regulatory Body.