How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Law Question Here...
UKSolicitorJA is online now

We have a fixed price quote house build - included is

This answer was rated:

We have a fixed price quote for a house build - included is a sum for contingencies. How is this formally defined? Is it for unforeseen or for unforeseeable sums? This is an issue for us - the builders did not apparently do a site visit and quoted assuming the foundations are just 1m deep. A visit to the site would have shown the trees near the build and it would have been clear that a 2m (at least) depth was needed. They claim that the 2m+ depth was unforeseen and hence chargeable to contingencies and that we are then liable for any overspend on contingencies. Are they correct? Our architect does not seem to grasp the situation and just says we must pay.
Hello,I agree with your daughter in law's opinion.Contingencies are normally a sum set aside to cover the cost of any additional or unforeseen work which may be encountered once the project is proceeding on site. Contingencies are also used to pay for changes which you may request or meet extra payments which the contractor may be entitled to.A deeper foundation is not unforeseen and as you say, the problem is the contractor's as they did not view the site before quoting.Your architect perhaps does not understand the nature of contingencies.Hope this helps
UKSolicitorJA and 2 other Law Specialists are ready to help you