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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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if you inform a builder that you have a budget to finish a

Customer Question

if you inform a builder that you have a budget to finish a build and he goes over budget without telling you,knowing that you do not have the exta money to pay him where do you legaly stand?
Submitted: 4 years ago.
Category: Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

When somebody imposes a budget, this tends to suggest it's a maximum that can be spent.

tdlawyer :

As such, this would suggest that the builder is unable to recover more money than the budgeted sum.

tdlawyer :

It depends on the agreement between the parties really.

JACUSTOMER-rgdvnmdg- :

he builder new what our budget we told him as to be fair to both parties i asked for estimates and where we were with the budget and was told we were still within it. i would have expected to have been informed when we reached that budget irespective of where we were in the build

tdlawyer :

I agree that you should have been informed, that seems the whole point of the budget. If he demanding money in excess of the budget from you now?

JACUSTOMER-rgdvnmdg- : Yes he has produced an invoice that has different rates other than the schedule of works ie day rate without telling me
tdlawyer :

OKay. This will come down to what you have agreed, but the imposition of a budget suggests, as I mentioned, that you agreed that was intended to be the limit of what he could incur without coming back to you for more approval. If he sues you, then you will be able to resist it on the basis that you're obliged only to pay the budgeted amount (I assume for completing the whole of the works required).

tdlawyer :

Is there anything else you would like to ask me about this?