Dispute with builder over agreed quote - Where do I stand?

Mhoram

Hi all

I'd like to get some opinions on the following situation. Bear with me....

I commissioned some work from contractor. They sent me the quote via email. After a few more emails back and forth I agree to go ahead with the job. The work is completed, I am satisfied and pay the amount in the original quote.

Subsequently someone from the company contacts me about the "outstanding balance" of which there is none as far as I'm concerned. So, I go back to the original mail with the quote. They sent two PDF documents an itemised bill with only sub totals and also another document with the overall total cost + VAT.

So I added up the sub totals in the first document (itemised one )and it comes to more than the total in the second document! As this is a substantial increase on what I agreed to I would not have gone ahead with the job as it stood.

It seems to me they made a mistake and didn't add up the total cost properly, however I think that this is pretty much on them.

Any thoughts?

Doom

Was there extra works carried out?

salmocab

were any items marked pc sum?

davo10

Mhoram wrote: »

Hi all

I'd like to get some opinions on the following situation. Bear with me....

I commissioned some work from contractor. They sent me the quote via email. After a few more emails back and forth I agree to go ahead with the job. The work is completed, I am satisfied and pay the amount in the original quote.

Subsequently someone from the company contacts me about the "outstanding balance" of which there is none as far as I'm concerned. So, I go back to the original mail with the quote. They sent two PDF documents an itemised bill with only sub totals and also another document with the overall total cost + VAT.

So I added up the sub totals in the first document (itemised one )and it comes to more than the total in the second document! As this is a substantial increase on what I agreed to I would not have gone ahead with the job as it stood.

It seems to me they made a mistake and didn't add up the total cost properly, however I think that this is pretty much on them.

Any thoughts?

Assuming you examined the quote in detail before you committed to it to ensure each item of work you wanted done was on it, did you notice that the itemised amounts did not add up, seen as there was such a big difference in the total cost? Or did you realise there was a discrepancy and keep quiet hoping this situation would arise at the end?

P. Breathnach

My guess is that if this matter ended up in a courtroom, you might as well toss a coin.

The judge might think that, in the contractor's favour, there was a clear mistake that you should have spotted. Or might think that it was reasonable for you to look only at the bottom line.

Do you want legal costs added to a problem?

In your position, especially as you are satisfied with the work, I'd offer to split the difference rather than risk the caprices of the judicial system.

Mhoram

@Doom

No, there were no extra works carried out

@salmocab

Nope

@davo10

I honestly didn't realise until they starting chasing me. in actuality someone from the finance dept. of the company contacted me first asking me to settle up for the original price, then later in a different email they asked for the increased amount. Probably when they realised their mistake.

There was 4 pages of about five sections each with it's own sub total. Considering they included a document with a total quote I wouldn't think to double check the companies own calculations.

The difference in the two figures isn't that massive it's around €400

@P. Breathnach

Not sure, I'm pretty sure it would end up in my favour, I'd take proper legal advice if it got that far. Splitting the difference is an option that I'd consider. But the fact that they just won't admit their mistake is grating on me now as they assume either I already noticed this ages ago or think I'm an idiot. Like I said before the onus isn't on me to make sure they do their calculations correctly.

salmocab

Are you holding back any retention on them, if not maybe agree to pay 200 in 6 months time as retention

Mhoram

What do you mean by retention?

salmocab

It would be fairly usual to hold back a small percentage of a contract for say 6 or 12 months that would be payable after the set time is up so that any problems which may arise will be sorted by the builder, for arguments sake a leaky roof. This would always be agreed in advance but maybe in this situation it could be agreed by both parties by way of compromise.

Mhoram

No, there's no arrangement like that in place.

blindsider

Do you think they'll go to court for €400?

I seriously doubt it.

I would consider asking them for a letter stating that the mistake is wholly and completely theirs - in return for said letter, I'd offer €100 as a gesture of goodwill. You'd have made the effort to resolve it amicably.

You acted in good faith - they should too.

Ken.

Gonna seem real stupid but gotta ask, was the quote inclusive of vat?. Could that be the €400 difference?.

Mhoram

@blindsider

I seriously doubt that aswell

That's not a bad idea, I'm waiting for them to respond to my latest email correspondence, they tried calling but I'd prefer to keep it all recorded from here on in.

@ken

The figure I paid them included the VAT for sure.

whupdedo

Are you happy with the work? It's possible they made an error in their calculations, if your happy with the work then maybe offer them half and see what they say, it could be just an oversight on their behalf

K.Flyer

To be honest, and speaking as a contractor, I would think that the quoted total figure including vat is what would stand if it went to court.
If it is a genuine error and he approached you explaining the error, maybe find a compromise, as said earlier, offer to split the difference.
It is not an amount of money that is worth falling out over, especially if you are genuinely happy with the work and especially if you need to get them back for any snags.

Mhoram

@whupdedo

Yes I am happy with the work, but I don't really want to be the one to have to point out his mistake or offer a concession as they might use that to push for the full amount.

@K.Flyer

Well yes, if he approached me explaining the error and offered a solution I'd consider it, unfortunately the budget was tight as it was and I can't actually pay them the extra. They would probably accept a deferred payment if it came to that.

Bepolite

While I agree with the practical solution of offering half I'd be slow to do this without taking proper advice. It might seem to some that you knew there was some sort of error.

That said, court of €400, depends how bloody minded the builder is I guess.

dudara

Were either of those PDF documents an actual invoice?

Mhoram

dudara wrote: »

Were either of those PDF documents an actual invoice?

The PDF is marked as a client quotation

Mhoram

Ok, so this has been resolved.

After me ignoring their phone calls, they actually called up to my house this morning, which wasn't a particularly nice way to be woken up but anyway...

In any case I invited them in and we had a little chat. In the end they admitted their mistake and I agreed to pay back most of the difference (when I have it) minus a small discount.

While technically I think I would have been within my rights to dig my heels in, it didn't sit right with me morally. Taking it further would have just created more bad blood and penalised an honest mistake. All I was looking for really was an admission of culpability. As I said before the job was good and they were grand to deal with. I guess if it was a negative experience it could have ended differently.

Thanks for all the advice and comments.

Uriel.

A good and reasonable ending for all concerned I think, well done.