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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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We have a fixed price quote house build - included is

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We have a fixed price quote for a house build - included is a sum for contingencies. How is this formally defined? Is it for unforeseen or for unforeseeable sums? This is an issue for us - the builders did not apparently do a site visit and quoted assuming the foundations are just 1m deep. A visit to the site would have shown the trees near the build and it would have been clear that a 2m (at least) depth was needed. They claim that the 2m+ depth was unforeseen and hence chargeable to contingencies and that we are then liable for any overspend on contingencies. Are they correct? Our architect does not seem to grasp the situation and just says we must pay.
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,I agree with your daughter in law's opinion.Contingencies are normally a sum set aside to cover the cost of any additional or unforeseen work which may be encountered once the project is proceeding on site. Contingencies are also used to pay for changes which you may request or meet extra payments which the contractor may be entitled to.A deeper foundation is not unforeseen and as you say, the problem is the contractor's as they did not view the site before quoting.Your architect perhaps does not understand the nature of contingencies.Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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