| 51 | sparkychap wrote:
You can't just charge people for extra work without a variation to the contract agreed by both parties. Any bickering was going to require time.
Time was of the essence, to reduce the damage from the water ingress.
How much nit picking would you do? smallwoods - 2021-07-05 19:36:00 |
| 52 | smallwoods wrote:
Any bickering was going to require time.
Time was of the essence, to reduce the damage from the water ingress.
How much nit picking would you do? you have to a least talk to the customer about it. tradie 101 talk to the customer. just going ahead and doing it without their consent leaves you with no leg to stand on whatsoever if they didn't want to pay the extra, and the court is on their side. tweake - 2021-07-05 19:53:00 |
| 53 | smallwoods wrote:
Wasn't our fault the work had to be redone.
We didn't install the doors, OR leave them insecure.
The contract was the kitchen makeover, we completed our part and charged for work outside the scope of the contract.
The deck, porch and doors were on the owners or builder.
Their argument, which I think ended with the owner copping the extra. Make your mind up. First, you said a quote is only a quote. Now you are saying work commenced based on the quote. In other words, a contract was formed upon acceptance. johnston - 2021-07-05 20:10:00 |
| 54 | Straight from the commerce commission: "What is a quote?
A quote is an offer to do a job for a certain price. If the customer accepts the quote, then there is a contract for you to do the work for that price. If there is extra work involved that was not covered by the original quote, you must have agreement from the customer to change the price" sparkychap - 2021-07-05 20:34:00 |
| 55 | smallwoods wrote:
Yeah, think. Rebuilding a kitchen, half way through and a weather storm blew the doors open over the weekend.
Totally saturated some of our work from the week.
Owner got recharged, for the fact they left the doors open or unlocked. Totally unforseen, no weather pattern showed it to be coming. Sounds like something that would be covered by the owner's insurance. particularly if the owner had told their insurance company about the up coming work, as their policy would no doubt state. tony9 - 2021-07-05 21:44:00 |
| 56 | sparkychap wrote:
Straight from the commerce commission: "What is a quote?
A quote is an offer to do a job for a certain price. If the customer accepts the quote, then there is a contract for you to do the work for that price. If there is extra work involved that was not covered by the original quote, you must have agreement from the customer to change the price" Contract law 101. I love it when posters post such difinitive claims when they haven't a clue. johnston - 2021-07-06 06:49:00 |
| 57 | tony9 wrote:
Sounds like something that would be covered by the owner's insurance. particularly if the owner had told their insurance company about the up coming work, as their policy would no doubt state. Also likely covered by the law of frustration. johnston - 2021-07-06 06:49:00 |
| 58 | johnston wrote:
Also likely covered by the law of frustration. I'd also be frustrated if my ability to lodge an insurance claim was frustrated by someone removing all the evidence of damage.... sparkychap - 2021-07-06 06:53:00 |
| 59 | tweake wrote:
you have to a least talk to the customer about it. tradie 101 talk to the customer. just going ahead and doing it without their consent leaves you with no leg to stand on whatsoever if they didn't want to pay the extra, and the court is on their side. We did.
Turned up to find the mess and informed the owners.
Them being overseas, didn't help.
Could have waited until they got back. Most likely would have meant all our work would have needed re-doing.
Discussion was between deck builders and owners, who left the door insecure.
Wasn't us!
We had not been there that day. smallwoods - 2021-07-06 08:00:00 |
| 60 | johnston wrote:
Make your mind up. First, you said a quote is only a quote. Now you are saying work commenced based on the quote. In other words, a contract was formed upon acceptance. Yep, we had a contract to remodel the kitchen and dining areas.
During our work, unforeseen event occurred and we ended up with extra work, outside the scope of the original quote.
The event was not of our doing.
Who pays, bloody sure it wasn't going to be us! smallwoods - 2021-07-06 08:06:00 |
| 61 | tony9 wrote:
Sounds like something that would be covered by the owner's insurance. particularly if the owner had told their insurance company about the up coming work, as their policy would no doubt state. Don't know, wasn't our concern. If they had been burgled, would insurance have covered them?
They had left the door insecure (unlocked) when having a "last peek"(?) at the work site. smallwoods - 2021-07-06 08:10:00 |
| 62 | johnston wrote:
Make your mind up. First, you said a quote is only a quote. Now you are saying work commenced based on the quote. In other words, a contract was formed upon acceptance. I think this is what you are referring too:
"A quote is for what the quote said it is for, nothing more. If there is major unforeseen events during the job, or the client changes any part, the quote has changed.
Therefore can be amended." And it wasn't the first thing I said, this was:
"Wrong, you can try, it just won't stand up.
As in this case. Worth a try, if you get paid, lol. Good job OP." Edited by smallwoods at 8:14 am, Tue 6 Jul smallwoods - 2021-07-06 08:14:00 |
| 63 | mrcat1 wrote:
To be fair to the contractor, there are people out there who get a quote for X, then there is unforeseen ground conditions, or extra work done at the clients request and they think that because there was a quote provided, they don't have to pay any more than the quote, I've struck that a few times. We absolutely agree, however this was not the case at all. We won our case, but he could not accept the ruling. He did not appeal the decision. We have all our evidence, all he had was lies that were proven. boots496 - 2021-07-07 18:08:00 |
| 64 | Once more, a quote once accepted becomes a contract. Simply because a contractor may incur a financial loss is not a ground to unilaterally change or abandon the contract. johnston - 2021-07-08 09:05:00 |
