Ask Vicente: Who's responsible?


Name: Lucy T.
City: Reno
State: NV
Country: USA

Comment:

Hello Vicente!

I just discovered your blog yesterday and absolutely love it! I am a solo designer, fairly new to the business, and have encountered a problem that I am not sure how to handle.

I specified wall sconces for a large remodel that were just installed by the electrical contractor. I was not present during the installation as the client did not feel it was necessary for me to be there during that time. When I went to the project a few days later to make sure that everything was ok, the client told me that one of the sconces was not level; the back plate of the sconce is level, but the front of the sconce was somewhat crooked. Upon inspection it appears that the front of the sconce was welded askew to the back. I notified the lighting supply company right away and they have ordered a replacement sconce.

My question is, who pays for the sconce to be installed? Both the electrical contractor and general contractor are complete with the project. I’m not sure that my client should pay to have the replacement sconce installed, but on the other hand, I feel that she should have brought it to someone’s attention right away.

Thanks for your help!

Lucy T.

Vicente Responds:

Lucy, I think that your client assumed the responsibility when she said that you shouldn’t be there for the installation. You would have been able to immediately spot the problem and prevent it from being installed at the time. By telling you that you were not needed, your client took on that responsibility.

  1. #1 by Joni Webb on August 26, 2009 - 12:21 pm

    really? I would say it was the designer’s responsibility. why would she allow something as technical as sconces by installed when she isn’t there? the placement alone is is tricky and a million things can go wrong, which they did. also – I have a feeling the client is going to balk at having to to pick up the $150 price tag. the designer should pick up the tab as a goodwill gesture. Just my opinion.

  2. #2 by none on August 26, 2009 - 9:28 pm

    I agree with Joni.

    The designer picked the sconces, and probably picked the electrician, so ultimately, he or she is vouching for both the products and the work. Whether he was physically present or not, he was the one whose design made the installation necessary, so he should take responsibility.

    Also, either the electrician or the designer should have checked the sconces over for problems before they were installed. (An upholsterer will check over yards and yards of fabric before putting it on a piece; why shouldn’t a professional check over a simple light fixture before wiring it in?)

    I wouldn’t put the responsibility on the client for a number of reasons. The client might not have had enough confidence to know for sure whether the fixture was defective or not, or whether her standards of the product’s fitness were fair or not.

    Even if your position were defensible in a technical, small-claims-court way, it seems a petty one for a decorator who is making in the many thousands of dollars on the job. It shows an unattractive smallness.

  3. #3 by Grant K. Gibson on September 4, 2009 - 2:16 am

    To me in this situation I would have the light company pay for the re-install. It was their product that was faulty. I don’t think that client should have to pay for this. Perhaps you can go 50/50 with the light company.

  4. #4 by Vicente on September 4, 2009 - 11:07 am

    @Grant – Why? If your computer needs fixing and I say to you, don’t worry about it, I’ll take care of it. If it comes back to you broken, should you have to be responsible for paying for my guy trying to fix it? Perhaps she took too much of a passive approach to it, but the client was there. When the client said ‘You don’t have to be there’, she assumed responsibility. The electrician should have seen that it was crooked (Would he still have installed it if the glass was broken or it wasn’t working?) I don’t see why the designer should have to pay for half. Who knows how she was even compensated for this installation – did she charge commission on the electrician’s services? If the client had no responsibility, they should not have said anything about her being there or not.

  5. #5 by Jaime Rummerfield on September 10, 2009 - 3:55 pm

    I agree with Vicente. Although a nice gesture goes along way. Clients could take advantage of this type of behavior and that is not OK. Communication logs are critical. It looks to me that the client wanted to save money by not having the designer supervise the installation. That is their right, although the whole point of having a designer on board is to protect a client from aesthetic mistakes. The client chose to waive this service. The client pays the price.
    The designer, at that moment, is removed from the whole equation.
    On another note, the product should have been inspected prior to installation and this most definitely should be taken up with the product manufacturer as defective. Which it sounds like they are remedying.
    As a design “service” provider standing up for what you think will benefit the project is important. YOU tell them you need to be there, thats what they hired you for.

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