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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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Hi I have a quick question. my partner is a self employed

Customer Question

Hi I have a quick question. my partner is a self employed electrician, he goes to peoples homes gives them a quote for a job then goes back and does the work. on the bottom if tge quote it says additional work not specified on quote will be billed separately. he went to someones house and when he was there he was asked to do alot of extra work, he did it. then when he got home he sent her an invoice. it was for £100. she refusing to pay. He has only been a business for a few months so doesnt if he can take further action or not. any advice please

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Of course he can and should take further action. He is entitled to be paid for the work he did. There is a legal presumption on favour of payment and there is a contract for the work even if the work was instructed verbally.

He should write giving her 7 days to pay. If she doesn't he should raise an action in the small claim court at the sheriff court nearest to where this person lives.

The forms for a small claim action can be accessed on the court website at www.scotcourts.gov.uk

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

hi


 


she is claiming she didnt agree to any additional cost so therefore is


not going to pay


 


 

Expert:  JGM replied 3 years ago.
If she expected to get a lot of extra work done for nothing, ie, included in the price of the job that was actually quoted for then she will lose. She instructed the work and the law says that she has to pay. If she says there is not contract for the extra work then the argument is that there is a verbal contract. In the event there is no contract then the work is due to be paid for on what is called the principal of quantum meruit. That means is ordinary language that someone is entitled to be compensated for work done even where there is a dispute about whether there is a contract.

It is presumed that there is no intention to gift the services to the debtor.

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