Canadian Electrical Industry News Week

Apr 2, 2017

Best PracticesBy Renee Schwerdt

Owning a business can be uniquely rewarding, but rewards do not come without risk. Perhaps the most dreaded of those risks is a lawsuit. While some contractors who get sued keep that worry in the back of their minds, others avoid thinking about legal issues altogether, or worse — they assume it can’t happen to them. But contractor lawsuits do happen. Often. While you can’t guarantee that you won’t be sued, you can prepare yourself by having a plan of action in the event of a lawsuit.

Here are steps contractors could take if they get sued…

▪ Take notes about service of process. Each jurisdiction has rules governing service of process (how you were informed of the lawsuit). Take note on how you were served so that you or your lawyer can determine whether there are grounds to challenge the service.

▪ Do not ignore the complaint. Do not throw the complaint in a drawer and try to forget about it. Failing to respond to a complaint could result in default judgment against you or your company. The sooner you act, the more control you have over the situation.

▪ Review the complaint. Read the complaint to gather some basic information about the suit. Who filed the suit? Is the plaintiff suing your company, you, or both? Why has the plaintiff filed suit? How much money is the plaintiff demanding?

▪ Contact a lawyer. Do not attempt to engage the plaintiff on your own. Contact an attorney experienced in construction law. Your attorney will help you analyze and understand your risks. If the amount in controversy is small, your attorney can advise you on how to best represent yourself. After consulting an attorney, you will be able to make an informed decision about how to proceed with the lawsuit.

▪ Contact your insurance company. If you think that you may have insurance coverage for the plaintiff’s claims, contact your insurance company immediately, since most insurance companies require prompt notification of the claim. Your attorney can also assist you in reviewing your policy and obtaining coverage.

▪ Collect and preserve documents: Collect all documents, photographs, correspondence, etc. (electronic or paper) related to the case so that you can review them with your lawyer. Do not delete or destroy anything. Hiding information from your lawyer can only hurt your case. You could also face severe sanctions from the court for destroying or withholding information during the case.

▪ Be careful who you speak to. Your conversations with your attorney are generally privileged. However, anything you say to a third party could make its way to the other side.

▪ Consider whether you can settle the case right now. The vast majority of lawsuits end in a settlement. Settling the case at an early stage can save a lot of cost and worry.

You can’t guarantee that you won’t ever be sued but you can prepare yourself by having an action plan in the event of a lawsuit.

Note: this article is for informational purposes only and is not intended to serve as a substitute for consultation with a legal professional.

Renee Schwerdt is an attorney and the owner of Plumb & True Legal, a law firm that serves contractors, architects, vendors and others in the construction industry. Her new blog, Level Up, is available here: www.plumbandtruelegal.com/blog.

 

Changing Scene

  • Prev
  Malcolm Bird, General Manager of Fusetek, and Frank Dunnigan, CEO of Techspan Industries, ...
  EiKO, a manufacturer and distributor of premium lighting products, is expanding its ...
  The new CSA C83-17 offers utilities a comprehensive list of components, with critical ...
  Schneider Electric Canada has just launched Go Green in the City 2018, its global ...
  A new report published by Philips Lighting and SmartCitiesWorld highlights drivers and ...

 Electrician Forum Brought to You by Schneider Electric             

The Electrician Forum is a monthly column that provides valuable information to electricians and electrical contractors on current industry trends and concerns. 

Schneider ElectricSponsored by Schneider Electric

In this issue: 

Owning your own business is something many of us have dreamt of doing. Who wouldn’t want to be their own boss? It is a valid question that many entering the electrical trade consider. However, dreams tend to create an image that doesn’t always suit reality. Surviving in the residential electrical market involves a lot of out of the box thinking and as we have said and can’t stress enough, hard work. To gain insight into the various challenges faced by small electrical contractors EIN sat down with Steve Beeby, Master Electrician, and owner/operator of Beehive Electric, as small residential electrical contracting company based in Elmvale, Ontario.

read more...

Watch a portion of the interview conducted by Electrical Industry Canada with Steve Beeby of Beehive Electric

 

Codes and Regulations Brought to You by the CSA Group

  • Prev
In this article: Section 58 — Passenger Ropeways and Similar Equipment. Rule 58-000 ...
  Unauthorized CSA Group certification marks have been found on wiring by Triumph Cable ...
In this article: Section 52 — Diagnostic imaging installations. The CE code is a ...
In this article: Section 46 — Emergency Power Supply, Unit Equipment, Exit Signs, and ...
  In this article: Section 44 — Theatre Installations. The CE Code is a ...
CSA has published C22.2 No. 60947-7-3, the harmonized standard for low-voltage switchgear and ...
  Electric welders. The CE Code is a comprehensive document. Sometimes it can seem ...
  In this article: Section 40 — Electric cranes and hoists. The CE Code is a ...

CSA

Now in its 24th edition, the 2018 Canadian Electrical Code, Part I includes a number of significant updates and changes to better help electrical workers in the safe maintenance of electrical equipment and create safer electrical installations.

This edition features important revisions to many sections. For example, Section 26 now mandates the use of tamper-resistant receptacles in additional areas where children may be present. Section 62 now requires ground fault circuit interrupter protection for heating devices and controls in proximity to tubs, sinks, and shower stalls. Section 10 has been updated, reorganized, and significantly reduced in length.

 Read more...

 



Tools for the Trade

  • Prev
  IDEAL Industries has introduced Combination Drill Taps to its tool lineup. Combining the ...
  Stripping and crimping device, 100 - 240 V input voltage, for insulated ferrules with a ...
Professional all-in-one cutter/stripper for coaxial and twisted pair cables     ...
  Klein Tools' Coax Explorrer 2 tests coaxial cable and maps up to 4 locations   ...
  Ideal Industries' T-14 wire stripper s are ideal for all professionals working within the ...
  The ATS850 conveyor eliminates all types of electro static discharge requirements. ...
  Lorik Tool & Automation has the experience and ability to manufacture a variety of ...
  Ideal Industries' 26 piece insulated Journeyman kit is ideal for new electricians or for ...
  Klein Tools Deluxe Fish Rod Set comes in 19 pieces that when assembled can fish wire and ...
  BendWorks Software was designed to help electrical contractors adopt this new process ...

Product News

  • Prev
  Nexus is an emergency lighting management system that allows the user to see the ...
  WET BEAM 4 LED is a linear luminaire specially designed – and listed for – ...
  The Tessera family of luminaires features a quiet aesthetic that can adapt to any ...
  LIFELINE is a refined and minimalist track lighting system that can accommodate two ...
  Inspired by the early mission builders, this four sided lantern has an all metal frame ...
  SGi’s 1 watt dimmable StarBurst LED Step Light promotes equal amounts of beauty and ...
  The BL neonVIEW Series family of direct-view, linear lighting products are ...
  Adding fashion, flexibility and ultra brightness to your various indoor linear ...
  Create breathtaking interiors with the power to attract and engage, surprise and delight, ...
  he Pioneer Lighting line of slim low profile LED troffers is now available with ...

 

Peers & Profiles

  • Prev
David Johns is a unique and dedicated individual both at home and in the workplace. At home he is a ...
    Sean Freeman is a vibrant, enthusiastic and selfless individual who has taken his ...
  Automation companies are drivers of innovation, and have penetrated near every industry ...
Total Electrical Solutions was founded in 2013 by Jeremy Herrington in Quispamsis, on the outskirts ...
Andrew MacLeod is a territory sales manager with Leviton Manufacturing of Canada in British ...
  Floyd Lau founded Amptek Technologies in 2002 as an end to end engineering design ...
Mike Marsh, President and CEO of SaskPower, has been a leading figure in Saskatchewan’s ...
Gordon MacDonald is a cheerful, driven individual who loves to be challenged, a trait that suits ...
  Most of us have a difficult enough time managing one job and a home life. However, some ...
  Since 2012 Barnstormer has advanced the abilities of their brewery with the installation ...

Copper $US Dollar price per pound

 Sean Freeman

Sean Freeman is a vibrant, enthusiastic and selfless individual who has taken his trade expertise beyond that of a simple career. Not only is he a Master Electrician but he has traveled around the world as an electrical technician delegate with the Red Cross Emergency Response Unit. His skills are a vital part of emergency response and disaster relief.

In 2013 Sean responded to Typhoon Haiyan in the Philippines. In 2014 Sean spent almost a month in Kenema, Sierra Leone working at the Ebola Treatment Centre. There he was responsible for ensuring electricity and clean water were available, and worked to strengthen the infrastructure of the facility. 

read more

Kerrwil Publications

538 Elizabeth Street, Midland,Ontario, Canada L4R2A3 +1 705 527 7666
2016 All rights reserved

Use of this Site constitutes acceptance of our Privacy Policy (effective 1.1.2016)
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Kerrwil