Electricians:

It is conceivable that an electrician may find himself being accused of negligence for services rendered or work performed for a client. Conversely, a person relying on the expert knowledge of an electrician may be so dissatisfied with that work that he may find that it was performed negligently. Either way, an individual will need to consider his position according to the law as applied to the facts.

Claims in professional negligence are fact heavy and require a detailed investigation of all the relevant evidence. This will need to be considered in accordance with the terms of the contract under which the work was performed. The law, which is constantly evolving, will then need to be considered in light of these facts. In some cases, it may not be unusual to require expert evidence should the case go be litigated before a Court of law. In any event, it is advisable that people involved in these kind of dispute obtain the advice and guidance of a legal professional who has had experience dealing with such matters.

Of course, a claim for negligence will need to be considered against the relevant duty of care, and this may differ depending on the industry in which the dispute is being argued. The appropriate standard of care would first need to be established, and then evidence would need to be adduced proving that the threshold has been breached.  Proven negligence may therefore ground a claim in breach of contract, in which the general rules of contract law would then apply.

The National Electrical and Communications Association (NECA) is the peak representative body for professionals working within the industry. They may well have various policies drafted which outline the duty of care that all electricians are expected to respect. Likewise, they also have their own processes through which they offer legal services. According to their website:

“NECA Legal is a legal practice that provides specialist industry-based legal advice and representation to members working in the electrotechnology industry at a highly competitive price.

“The highly-skilled team have over 30 years of combined experience and can provide legal service in a wide range of areas including:

• “Contracts administration and performance;
• “Government contracts and sub-contracts;
• “Tendering and procurement;
• “Building contracts;
• “Dispute resolution and negotiation;
• “Debt recovery;
• “Security of payment claims;
• “Advice on legislation;
• “Representation before courts and tribunals;
• “Legal representation on Work Health & Safety issues;
• “Advice and representation on regulatory action, including prosecutions and disciplinary action;
• “Legal and business risk management;
• “Updates on court and tribunal decisions, legislative changes and changes to industry practices such as new contract clauses and government tendering requirements; and
• “Specialist in-house and general seminar programs on current issues or special topics. These are designed specifically to assist members and their staff to understand issues and reduce legal and operational risk in their business.” [1]

Despite the fact that NECA provides these services, it is often a good strategy to obtain a view from solicitors who deal with negligence and professional negligence matters generally to obtain a broader view as to:

• The likelihood of success in prosecuting a claim by an individual who has suffered loss as a result of substandard work; or
• The strategy to consider in defending against a claim for negligence in the provision of electrical services.

If you require professional legal assistance with an electricians negligence matter you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors. 

[1] “About NECA Legal”, National Electrical and Communications Association website (undated) <nsw.neca.asn.au> (accessed 20 November 2013)

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