Looking for some advice to get me out of a pickle

[fattony]

I took on a project installing an av system as a contractor, I was only given the drawings to price from which shows main containment and the drawings shows a lot of our equipment directly above the main containment, others would need a few clips off the main containment to final location.

Because of this I reduced our price, partly because its a big job and partly because the job looked good on paper, it wasn't a stupid price I thought it was fair.

When we arrived on site we found the equipment which actually needed a few clips turned into between 4m and 10m worth of clipping, and the main containment had been moved so virtually none of the equipment are above the main containment.

I instantly raised concerns with the company I'm working for and we agreed to start installing tray and try to make the job fit the price, materials supplied by them and labour supplied by me.

Over the last 10 weeks I have constantly raised concerns about we're doing much more work then we priced for and at this progress rate we're expecting to lose about £4,000, while they agree its not as per our original discussions and drawing they will not go back to they're customer as they have been promised more work, in turn this work has been promised to me but its a dangling carrot and every time I approach the subject about us doing extra work and need more money the response is I should hear about the other jobs soon and asked to carry on for a couple of weeks.

I'm now at a point where I can see the £4,000 increasing and I need an exit route, there is no contract as such just him accepting our quote.

I know I'm partly to blame by doing the additional work with no variation order but its an existing client and I was trying to make it work for everyone involved.

If I was to walk away from the job legally do they have to pay me for what I've done?
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[calorific]

They have a cashflow problem. As such, although it's hard to swallow, you would be best advised to walk away from it.

I've seen too many fellas and their families stung by this sort of antic, including myself. All it takes is someone somewhere down the line to declare themselves and it's game over - you'll get eff all out if it. Unless they settle with you tomorrow, walk away!!

 

[fattony]

I don't think but I don't know they do, they are a big company who has bought 2 companies this year.

If I walk away could I take them to court if they don't pay my invoice - even though I haven't finished the project?

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[calorific]

They could pay you most of what they owe you if they are able to. If not, walk away.

 

[CBF]

how detailed was the quote you gave them ? could they turn around & say they thought the extra work was included ? & did it have E&OE on the quote those three little letters can get you out of a world of hurt, i always get any extra's or variations signed for before any work is done that way you have a record & if the worse does happen they haven't got a leg to stand on.

 

[fattony]

What do those 3 letters mean? The quote was fairly detailed and they acknowledge I've been doing more work then we have priced for.

 

[CBF]

2 examples & you will find it everywhere.

E&OE is an initialism standing for errors and omissions excepted.[1] The phrase is used in an attempt to reduce legal liability for incorrect or incomplete information supplied in a contractually related document such as a price list, quotation, or specification. It is often applied as a disclaimer in situations in which the information to which it is applied is relatively fast moving. In legal terms, it seeks to make a statement that information cannot be relied upon, or may have changed by the time of use.


E&OE is a British acronym that stands for "Errors and Omissions Excepted". E&OE is a legal disclaimer that notifies the reader that, without prejudice, that the content and/or validity of the subject data may change without notice.

 

[maltaron]

If you are about to lose £4000 and have worked at least 10 weeks so far, then with equipment supplied the contract must be worth at least £20,000. Why have you not asked for stage payments? It is normal on large contracts to ask for stage payments and work stops if they are not paid promptly, this limits your losses in the event of bankruptcy.

 

[fattony]

I have asked for stage payments, job is pretty much your estimate, first stage should be paid this week for about £8500.

Not sure what to do about the rest.