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Contract Performed but price never agreed on

  • 26-09-2018 2:26pm
    #1
    Registered Users, Registered Users 2 Posts: 63 ✭✭


    Hi,

    I am building a self build and our architect up until planning permission advised he would draw the site boundaries for the site transfer with the solicitor.

    We received a bill for this via the solicitor which amounted to 2/2.5 times the quotes I've got since.

    We had not agreed on a price. The reason for this was that we had contracted him up until planning permission. We decided not to proceed with his services and I informed him over the phone. He stated he had already begun work on drawing out the site boundaries for site transfer so to end it amicably I advised he could proceed and complete this work. Price was never discussed. I expected a market rate price (300-400 euro) but have since been told by solicitor he is expecting 920eur.

    If price was not agreed upon before performing the job am I liable to whatever charge he wishes or would market rate not be the fairest outcome? There was nothing complicated with the boundary map, straight forward transfer.

    To clarify we contracted him, paid him and got planning permission. We decided not to proceed with his services for the second stage (the actual build).


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Ask him for his section 68 letter which ought to have been sent to you setting out the basis of the engagement


  • Registered Users, Registered Users 2 Posts: 6,853 ✭✭✭brian_t


    Ask him for his section 68 letter which ought to have been sent to you setting out the basis of the engagement
    From my reading of the OP, the bill came from the architect not the solicitor.

    It came via the solicitor.


  • Registered Users, Registered Users 2 Posts: 63 ✭✭fearmhor18


    brian_t wrote: »
    From my reading of the OP, the bill came from the architect not the solicitor.

    It came via the solicitor.

    Yes, thank you both for replying. The bill is from the architect. The solicitor was going to take the amount from our first mortgage drawdown. Architect never invoiced me directly, the client. Felt like he was pulling a fast one in that regard. Only other possibility is human error that solicitor's office picked it up wrong.


  • Registered Users, Registered Users 2 Posts: 78,648 ✭✭✭✭Victor


    Quantum meruit would be the main legal concept. https://en.wikipedia.org/wiki/Quantum_meruit Market rate would be the idea, unless you had a specific reason to know it wouldn't be market rate, e.g. you knew how much the architect charges for such work.

    Not agreeing a price beforehand is generally unwise.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    Talk to your solicitor about the price. Tell them you think it's way above market rate and ask can they negotiate it down on your behalf to something more in line with market rates.


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