when is a quote a legal contract?

[minaximal]

hi, i am new to this forum, so hello there, and here goes!

i had made two quotes for tiling work, with the second reduced in price and stateing that preparatory works would be carried out prior to me tiling, and stating a price and period of time to do the work, but that it may take a bit longer, with any unforeseen circumstances... this was all agreed and i went ahead. but then the old border tiles fell off and needing replacing, plus extra works were asked beyond the quote that i carried out too. oh and the preparatory work wasnt done either..

so this all took me extra time, but now the person who got me to do it, is only willing to pay for the minimal quote.. even though he says he is very happy with the standard of work, but has suddenly ignored our agreement.

has this ever happened to others and what are my rights?

many thanks for any help.. im a bit stuck now and dont know whether to just accept the original price, and bite the bullit or take it further.

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[nstreet]

I think I would put it down to experience this time. When you do your quotes add a rider to the bottom that states any other work that is carreid out above the contents of the quote will be charged at £xx's plus materials. That should cover you for work not being done prior to yours and any extra work that you do after. I would also document the work in your final invoice.

And don't do any work for the tight git in future and tip of your colleagues in the industry that he's a bad payer

 

[paintycait]

Nstreet is right, CYAWP (cover your a** with paper). Make sure that they sign a contract. In the terms and conditions of the contract you need to put in a bit about extras but on top of that I have an Extra's/Variation Order book. I write out what extras/changes are over and above the original contract agreed, with a price or a rate and estimate of time, they view it and sign, they get a copy I keep a copy. At the end no-one gets a surprise and you have their signature on everything.
You could try writing to them detailing the terms of the agreement and itemising the extras and hoping to get paid, however I think I'd probably get a cheque off them first, let it clear then address the extras if you feel you can cope with the confrontation.
When you invoice them make sure that you show the original figure and then a list of the items that they are unwilling to pay with the cost. When you accept the cheque from them make sure that there is no inference that this is in full and final settlement, just thank them for the cheque.
Once it's cleared invoice them for what they haven't paid. After 30 days you can put the pressure on.
Alternatively given that it is documented, you can write off the loss against tax at the end of the year.
Cait

 

[Thermo]

if a quote is accepted then it becomes a contract under the tort of contract law. That being siad its one thing for it to be a contract its another for it to get anywhere with getting your money back. It depends how much your going to lose out on and how bothered you are about it. I would take some pics of what you have done and get any payment you can, receipt it, but dont accept it as full and final payment. If you are minded to you could go through small claims. its a fairly cheap and simple process and you can add all your costs in to any claim. Have a look on the web, there is a guide done by trading standards that detials it all out and expalins the process and has all the forms which are very simple to fill out on the site.

In future get people to sign your quote and terms and conditions before you do any work. I always ask for a payment on the day i start if its a big job. I understand people not wanting to hand out money in advance, which is why i get it on the first day. they can see ive turned up all the materials are delivered, and i see they have the ability to open their chequebook!

 

[Zampa]

I agree with all of he above, id swallow this one if I was you..and like the other have said, have a dsclaimer for unforseen work, especially prep work that may arise.

Unless the job is very straight forward I always used to itemise what I had qutoe for AND what i hadnt quoted for.

That should make things very clear to your customers.