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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon, I am hoping you can offer me some advice before

Resolved Question:

Good afternoon, I am hoping you can offer me some advice before the situation I am about to discuss goes legal. A contractor for the highways approached me the other day and said he had carried out tarmac laying at our site before and would I be interested in having some repairs done as I had a few potholes at the site entrance. The contractor quoted me £4 per square foot and I asked him how much area approx is there to cover, to which he replied approx 200 square foot, to my reckoning that's £800. He asked me if I would email his company to confirm the £4 per square foot, I did this and they replied with method statements and risk assessments. The contractor then said he would extend it to the road because the area was a mess but didn't mention any increase on price, as a matter of fact there was no quote. I received an invoice yesterday for £7660, I rung the contractor and asked him to explain the cost of this invoice and he said that was the measurements of the job done. This was an extra 1700 square foot. I told him that wasn't the agreement as he only said 200 square foot, and the company couldn't afford that kind of money and if he had explained himself properly I wouldn't have had the work done. I obviously panicked when I saw the invoice and explained I couldn't pay that amount at once, could the invoice be split, which they agreed. However, after careful consideration and thinking about this issue, I emailed the company to say I was disputing the invoice and I wasn't prepared to pay it unless we could come to some agreement, or otherwise they could remove the surface. I am really unsure how to handle this situation as there was nothing documented, I would welcome any advice you could give me on this matter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you had agreed ever to do the additional work or even if they checked with you?

Customer:

I had agreed, but he didn't stipulate cost or size of area

Alex Watts :

So it was based in his representations of about £800. Doe she dispute that?

Alex Watts :

That conversation?

Customer:

he is not disputing he said 200 square feet at £800, he said he would do the extra but didn't mention any other cost at that particular time

Alex Watts :

Ok - did you agree to the extra sq footage?

Customer:

I agreed that he was doing the extra, but there was no mention of the size of square footage to be covered.

Alex Watts :

Did you ask for a cost?

Customer:

no, I didn't ask for a cost.

Alex Watts :

OK - in that case you may be liable.

Alex Watts :

You asked for the work to be done and they are entitled to a reasonable fee for reasonable work done

Alex Watts :

If they had done the work and you had not asked, that would be a different matter all together

Alex Watts :

But you did ask for the work to be done.

Alex Watts :

Clearly it would have been sensible to ask for a quote for the extra work, but you are stuck with the fact you did not

Alex Watts :

Sadly my view is that as the work was carried out under your instruction they are entitled to a reasonable fee

Alex Watts :

If you are contesting whether the £4 per sq ft is reasonable that is a different matter

Alex Watts :

But sadly because you asked them to do it, I think you are liable.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I didn't ask for it to be done, he said he would do it as it needed doing, I agreed with him as he was supposedly the expert

Alex Watts :

Yes so you agreed before the work was carried out?

Customer:

yes I did, I can obviously see where you're coming from, I'm just disappointed that a price is given and I now end up with a bill that I'm struggling to pay, and would not have had it done if he would have explained the overall cost beforehand..

Alex Watts :

Yes I agree with you.

Alex Watts :

If they were instructed to do the work the law says they are entitled to a reasonable fee for reasonable work done

Alex Watts :

What you should do is write a cheque and pay for what you agree with

Alex Watts :

You could argue that because the original cost was so different from the end price, that they should have informed you

Alex Watts :

That is the only angle you have in relation to this case.

Alex Watts :

Can I clarify anything else for you?

Customer:

I think you have covered it Alex, Thank you so much for your help, I will go down the route of offering them a price for the work carried out and take it form there, I really don't know what else I can do.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

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