Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
So just to clarify, the client has had the work completed with the wrong material, without knowing that was the case until the work was done, and is now refusing to pay the extra?
It can indeed be a breach of contract because the legal documentation (the formal agreement you both agreed on) states a specific material and a specific price. Whilst the material may in reality cost more than what you quoted for, that is not the customer’s concern. Their legal relationship is with you and that relationship had a formal agreement for material X to be provided at price Y. So if you do not provide material X and the quoted price Y, then yes, you are likely going to be in breach of contract.
Whilst you cannot be forced to install the more expensive material, even if you had contractually agreed to do it, it does mean that the customer is then open to taking this further for breach of contract. In such a claim they would be seeking compensation for any losses incurred as a result of your alleged breach. This could commonly be the difference in price to get someone else to fulfil the quote you had given at the outset, but failed to honour. Whether the customer actually goes to court is a different matter, but that is the potential risk.
I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you
If you are willing to honour the original agreement, but she refuses to allow you and then pursued you for compensation, then yes that would be relevant because she is likely to have unreasonably prevented the completion of the contract. So if she has done so and then tries to claim losses, the court would certainly look at her conduct and ask questions on why she actually went out of her way to incur these losses, when the matter could have been resolved without any further costs. Hope this clarifies?
You are welcome