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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice
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Can an estimate become a contract

Customer Question

can an estimate become a contract
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Can you explain your situation a little more?

Customer: replied 9 months ago.
i gave a estimate for several small jobs which turned into a full knocking down of internal walls an refit of kitchenthe customer is saying i did not complete the work (partly true because the time was put into the change in scope)i am about to go into mediation, customers sol says i am in breech of contract.my original estimate clearly states its an estimate not a contract
Expert:  Jo C. replied 9 months ago.

In what way are you in breach?

Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 9 months ago.

Hi. I am in court but I could do a call about 4pm? Does that help?

Or I could action a refund for you and we could carry on online.

Customer: replied 9 months ago.
my mediation is at 3 so unfortunately i think its not going to work out
Expert:  Jo C. replied 9 months ago.

OK. I can ask that be refunded.

Or I could do a bit later?

Or we could carry on online now.?

Customer: replied 9 months ago.
i guess refund
in this case
Expert:  Jo C. replied 9 months ago.

For the call or for everything?

We can still do this online?

Customer: replied 9 months ago.
i dont think I've given you enough time and the mediation begins at 3
Expert:  Jo C. replied 9 months ago.

OK. I will ask.

Customer: replied 9 months ago.
thank you. If i can't get any agreement through mediation we may well end up talking again. In the best possible way, i hope that doesn't happen
Expert:  Jo C. replied 9 months ago.

Well, why don't we leave it open until you know?

Customer: replied 9 months ago.
I think that's probably a good idea for now. I have a nagging doubt that the claimants ego is over
Customer: replied 9 months ago.
the is the missing portion of the previous note) ......taking reason and fact
Expert:  Jo C. replied 9 months ago.

OK. How are you doing?

Customer: replied 9 months ago.
Morning Jo, after an unsuccessful mediation session, I have agreed to meet with the claimant and his solicitor to walk them through every receipt. This proves that all the money has been used on the projectIt now appears that I have a witness (the claimants ex AA sponsor who has since ceased all contact with the claimant specifically over the claimants actions in this case) who is prepared to testify that the claim is a vindictive fabrication. Disclosure has already taken place. Is the witness/statement usable.The claimant has his son stating the claimant gave me cash. This is a straight up lie.
Expert:  Jo C. replied 9 months ago.

Yes, you can use the statement. The witness needs to be warned that he may have to come to court though.

But clearly it is helpful evidence.

Customer: replied 9 months ago.
Hi Jo, thank you for that. I met with them on Friday and went through every receipt and invoice but they are still saying they are owed £The harsh reality is that I will be filing for bankruptcy very soon (not because of this). When the bankruptcy is filed, am I right in thinking the case will have to be dropped?
Expert:  Jo C. replied 9 months ago.

I don't do bankruptcy work. I do think a debt can still be pursued by the trustee in bankruptcy but it really doesn't matter because he still has to prove it.

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