contracts

[hindsight]

Is an email quotation for building works, sent from the building firms email address, legally binding, and if so to what extent and what is required within it to make it binding? If nothing was signed at any time between the two parties, what effect does this have? Also, if there was nothing more than a price given as a maximum which 'shouldnt' be exceeded,can this be exceeded i.e. due to any extra works done,even if not priced when first located?

Thanks

Ralph

[yummymummy]

Any type of quote, written or verbal can be legally binding, but obv there is a proof issue with verbal ones. An email isn't as good as an actual written quote, but would think you would be OK with that.

If it is a quote rather than an estimate, than that price is binding on both parties. It would be enough to stop the price going over that figure, but similarly there may be an issue if the work comes in lower and there is nothing written about being able to pay less.

If the actual cost ends up being above this figure and the builders want more, then you don't have to pay more (unless you want to) as it is their silly fault for not putting the amount high enough in the first place.

[auzzie]

If you accepted the quote, it is legally binding as such. If you have a set budget and you do not want to go over the budget, you need to contact the builder and say just that. Ask them if they forsee any problems with your budget and why. What type of building work are they doing. If it is major structural work, extensions and the like, there would be no guarantee that they are able to stay in budget. Nobody knows what is going to happen once they start digging. All the renovating programmes you see on TV ALL go over budget. Have a contingency fund just in case!

[hindsight]

Thanks for the answers.

The problem has arrisen between two sets of people i know,a builder i recommended and someone who is an aquaintance of mine.

They never recieved a written quote, and there was thus no small print and no precise contract or even precise quote, and the only thing given to them was an e-mail quote of sorts, which they were told should/would cover everything. The builder made a mistake on a tiling pattern, which he says he never understood had to be precisely as they wanted it, and after making the pattern they admitted they had misjudged the measurements, hence the pattern ended up similar,but slightly changed....they became very angry and abusive towards the builder, and at this point he stated that he wished to be given more money as in the quote he hadnt included a price for extra work he had done. At this point they are threatening to sue him,all of which is very embarassing for me. I feel they are being unfair, and that if extra work was done,and the builder had tried to keep the job cheap at their request, then surely he has the right to ask for extra payment,with moderation, for that which was done.

But has the builder the right to ask for payment,within reason,for works which were never quoted for? How legally bound is he by such emails worded thus; 'i feel this quote should cover everything'??

In their defence, he should surely have given a separate quote for any extra work BEFORE under taking it,but i was wondering how this works? i.e. if the work HAD to be done for other work to go ahead,then he said he'd worry about it,but it was never included in any quote,and wasnt foreseen within the job, then is he right or wrong to ask for late payment,to a standard price for the work done?

This has arrised as the builder's client, whom i sent to him, asked him quite rudely to tear down and re-do the tiling,all within original price, to their specs, and disregarding

[auzzie]

I should imagine that the builder is in the right with this. It is up to you as a customer to ensure you are getting what you asked for and dont change it when works commence. Asking for trouble. A lot of people dont really have any idea of what they want and so they give the builder a rough idea and then when the work starts they change their minds 'cos it doesn't look any thing like they imagined or they just simply didn't loke it. MY husband is a joiner and very often does "domestic" work (tries not too though, too much hassle!!). 9 times out of ten he ends up making something totally different from what they THOUGHT would look right. He knows instinctively if something will work or not, but some people will not be told!

[hindsight]

Auzzie

Yes but,they are right i think to say that they didnt want these works done,just that new regs which the builder wasnt aware of stated they had to be done......who should pay for such extra work? If the builder doesnt give a price for it,but tries to keep the job at original price,only to realise he cant,where does he stand,and where do they stand??? Legally,not ethically...

Thanks

Ralph

[EBsonicBoom]

The essential elements of a contract are:-

1. An Offer.
2. An Acceptance.
3. Consideration (Money/Payment).
4. Legality and capacity.
5. Intention (Did both parties intend for there to be a contract?)

There would seem to be a certain amount of fault on both sides. In this case I would say that there is a legal binding contract, but, the quote made by the builder (the offer) was not detailed enough. It would be hard to argue what works were included initially. It would therefore be hard to prove what is covered and what is an 'extra'.
It's always a good policy to have schedules of work, which allow contractors to price jobs in detail, allowing the contractor to quote for any extras.

[hindsight]

Thanks

I saw a copy of the quote via email,and it is very devoid of small print and details,just gives figures for various works in a list. I think the job was just set up on a friendly basis, as i know the guy wanted a cheap deal.

Neither of them ever talked of a contract nor agreed to one. No e-mail 'contract' was made either, just a quote given,and accepted. There was no small print,or understanding that quote wouldnt go either up or down. In fact there was nothing written or said to cover such things builder said he'd keep it down if at all possible and the guy said he wanted it kept down. Then all went amiss....

Could this even go to court? At one point they told the builder to stop,take his tools etc and quit the job. He has been forwarding the mails to me, as he is surprised and unhappy about the situation,and is worried. He hasnt the money within the amount he recieved to correct the pattern of tiles, as he lost money covering the extra work that arrived. He says he was looking for more recommendation above all else,being relatively new to the business.

I have relatives in the building trade and such, and have learnt from them that its not always the builder who is at fault.


Ralph