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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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Good Morning. I recently contracted a landscape gardening

Customer Question

Good Morning.

I recently contracted a landscape gardening company to complete some work in accordance to a written quotation and drawing. I was specific that my budget was £15,000.

The actual work carried out was modified while in progress and three additional areas were included in the paved area following discussion with the contractor. Although additional work was involved it was not - in my opinion - significant and arguably made the agreed work more easy for the contractor to complete. No mention was made of increased cost.

I have now been presented with an invoice for £25,000 which the contractor insists has been priced on a pro-rata basis compared to the agreed quotation so I should therefore pay it. The contractor also completed additional work, such as installing a drainage channel, without consultation, and has charged for it.

I am prepared to pay someadditional money asthere is obviously more work but not £10,000 worth. I have attempted to negotiate with teh contractor but they insist that the values are correct.

Are you able to indicate where my legal obligations it in this?

Many thanks

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What extra work was carried out?

Customer: replied 4 years ago.

1. We were originally going to have a patio extended - leaving an original area inplace with an extension of 3 times the existing area. The stone was matched. The contractor suggested lifting the existing, "tidying up the edges" and relaying on existing foundations to gve a more uniform look.

2. A path to the side of the garage was originally flagstoned. It was agreed to remove the flags and replace with matching stone on existing foundations. The area (path) is 1m wide and 8m long.


3. An areato the side of a garden shed - originally flagged but to be replaced with matching stone 2m x 2.5m.

Expert:  Jo C. replied 4 years ago.

Was this work not quoted for original?

So it was additional?
Customer: replied 4 years ago.



Hi Jo,


This was all additional work over an above the agreed specification drawing and quotation but there was no discussion on increased costs.





Expert:  Jo C. replied 4 years ago.
That is a problem m afraid.

Do you think the additional works weren't worth £10k? Is this a case of overcharging?
Customer: replied 4 years ago.

Please explain?


I do not believe that the additinal work is worth £10k - more like £4k

Expert:  Jo C. replied 4 years ago.
I am sorry but there's really no way around this.

The fact of the quote is all very well and he should have kept within that. However you asked him to do additional work and he is entitled to charge for that.

He doesn't have to specifically agree further prices. Most contracts are not negotiated in that way. Generally speaking when you ask somebody to perform a service they do not remind you that you will have to pay.

He can only charge you the value of the job though. If the sums involved are excessive then you can challenge that but you are liable to pay something if you asked him to do extra work

I'm very sorry if this is bad news.

Can I help further?