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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47335
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had a verbal quote for some damp proofing work which

Customer Question

I had a verbal quote for some damp proofing work which involved digging up floors and plastering etc. It was roughly 2.5k. The work was completed apart from the plastering and i recieved a "recomendation" as it was titled to the cost of 3.4k which included the plastering.
After the plastering was completed i recieved an "invoice" for 4.123k which did not include the plastering. I then recieved another "invoice" for 0.5k for the plastering. Is the "recomendation" binding in contractual terms? and what is your opinion for any actions for me to take?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Was the work carried out by a private individual or was it carried out by a business?. Please can you also tell me how long ago it was completed? Thank you

Customer: replied 10 months ago.
It was carried out by a "proffesional" company. The work started about 7weeks ago and we have had to wait for the concrete floor to cure (4 weeks). The plastering was finished on 4th Sept.
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. A recommendation as they call it, can be legally binding depending on what actually happened at the time and the understanding you had with the company. Basically a contract does not have to be in writing to be legally binding so words or actions can also amount to a legally binding agreement if the necessary elements of a contract are satisfied. Legally, you require an offer, an acceptance and consideration to have a contract in place. So if this recommendation is seen as an offer, assuming you had accepted it and both parties proceeded on that basis and relied on it to continue, it can become a legally binding contract, to which you would both be bound. You therefore have a situation where you were given this recommendation detailing the work and the costs and if you had agreed for the work to continue on that basis, then the recommendation itself can indeed be legally binding between you. How you proceed very much depends on what you are hoping to achieve and I can discuss that with you in more detail.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 10 months ago.
Hi, Ben, I am waiting for the guarantee paperwork for the damp proofing work. This was sent to me (apparently) yesterday. When i have it i shall inform HC that issues have been raised and legal entities have been informed. Any responses shall be swiftly delivered to yourselves.
Expert:  Ben Jones replied 10 months ago.

ok thanks

Customer: replied 10 months ago.
Thanks for your advice. Today i am planning to give the "legal" situation to the contractor.
He has my keys which i shall ask for and then inform him of the above. His reaction may
then give me cause to contact you again.
Kk
Expert:  Ben Jones replied 10 months ago.

thanks for the update