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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

I am a general builder my question is this......If I have

This answer was rated:

Hi I am a general builder my question is this......If I have made a mistake with my quotation for works in this case under quoted , can I be made to carry out the works for the quoted price albeit it will be considerably more which I don't have the funding for?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Have your discussed the revised quote with your client?
Customer: replied 1 year ago.
Yes and a estimate for additional works was agreed in principle. However the estimate will fall short of completion and he is now refusing to release further funds even though I can demonstrate what the true value of job is.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. It is a difficult situation because the customer can argue that the quote is legally binding. It was a formal offer by you, which was subsequently accepted by the customer and that would have created a legally binding agreement. So technically they can rely on such a quote. There would be a defence if the quote was clearly wrong, if the price was such that no reasonable person would have thought it to be correct. Let’s use an example for a brand new car costing £20,000 being incorrectly advertised and a sale agreed for £2,000. Saying that, you cannot be forced to complete the works for the agreed price. You can stop earlier and cut your losses. Do not expect to be paid the full amount but you should still be compensated for the time and works you have done to date. So it will end up in a compromise between you n the customer – you will likely have done work which you will not get paid in full for, they will have had work done which they will not have paid the price they had hoped for. Ideally this should be resolved between yourselves directly but there are of course times when this may not be possible and you can take the matter further down the legal route if needed. This is your basic legal position. I have more detailed advice for you in terms of the options you have should a resolution not be reached, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank Ben, just to sum up if we can't resolve this is there any legal action he is likely to Persue I should be concerned about?
Customer: replied 1 year ago.
He has stated in an email the
Supply of goods and services act 1982. Your thoughts please
Thank you. The legislation he mentioned has now been replaced by the Consumer Rights Act, which states that when you have entered into a contract for work and materials, where the main focus is labour and skill the work must be:· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);· Finished within a reasonable time (unless a specific time has been agreed); and· Provided at a reasonable price (unless a specific price has been agreed). So he is likely going to rely on the fact that a specific price had been agreed. If he decides to take legal action he may do so as it is his right to challenge this if needed. Assuming the total value is below £10k this will go to the small claims court and even if you lose you will not be liable for his legal costs as each party pays their own. At least then you have the chance to allow a judge to decide what is fair and legal.
Customer: replied 1 year ago.
Hi Ben
Thanks for your last response, the total cost my quote is greater than 10,000 albeit the quote is incorrect. If I can demonstrate what the cost of the works should have been using an independent quantity surveyor, what advice would you give me on going forward or do I wait for the other parties response first.
Hi, whilst you can get a quote for an independent surveyor, you have to consider if a person in the client's position should have known that there was a clear difference between your costs and those of the industry standard. You have nothing to lose by getting such a quote just to have it ready in case you have to use it as evidence and perhaps to also aid you in any negotiations with the other party.