Handling a quote dispute

[vGolfer]

Hi guys, I'm was trying to decide of I should include this in an ongoing thread of mine, but I thought it ws worthy of its own thread.

I had 4 quotes to rebuild the subfloor of my house - F17 bearers (90x45) and joists (90x45 laminated together) and concrete stumps. Three of the quotes were around the $8K mark. Another was for around that as well, but $7K for cash. I decided to go with the $7K bloke.

Anyway, job gets 3/4 the way through and the bloke laying the floor says in broken english "job needs more timber". I think he was a subcontractor for the company. Anyway the job was finished and the bloke that gave me the quote calls today and says "With all the extra timber and work, the job comes to $11K". I said "you've got to be kidding me mate?"

I said to him that if someone made a mistake during measure, then I shouldn't have to pay for it. I also told him that if I had've known the job was going to be that much, I would have gone with someone else. I offered $7.5K max.

He said I could pay him the $7.5K now and the balance later. I told hom that I couldn't afford the difference and that I should not have to pay for their incompetence.

Any advice here as to how I should move forward?

BTW, he reckons that he pays $9 per LM for F17 90x45's. I got a quote about a month back and that was about $5.80 per LM and I'm not even in the trade!

[echnidna]

Did you get written quotes, if so they are legally enforceable.
If verbal you have a bit more hassle as he may say that he never gives quotes only estimates.
Do NOT PAY ANYTHING until the amount is resolved.
I think you woiuld be well advised to get a solicitor to make a written offer of 7.5K and see where it goes from there. The one off cost of a lawyer to write one letter isn't great but could be worthwhile insurance for the future

[vGolfer]

Did you get written quotes, if so they are legally enforceable.
If verbal you have a bit more hassle as he may say that he never gives quotes only estimates.
Do NOT PAY ANYTHING until the amount is resolved.
I think you woiuld be well advised to get a solicitor to make a written offer of 7.5K and see where it goes from there. The one off cost of a lawyer to write one letter isn't great but could be worthwhile insurance for the future

I did get a written quote, however the amount of timber quoted was below what was actually used. My guess was he underestimated the amount of timber deliberately to ensure he got the job and he'd worry about collecting the money later.

[echnidna]

What about the amount of timber his competitors quoted

[vGolfer]

What about the amount of timber his competitors quoted

I didn't receive written quotes from the others so I couldn't say exactly how much timber they estimated. They gave me fixed price quotes and said there would be no variations.

It's not exactly a huge job!

[ozwinner]

I did get a written quote, however the amount of timber quoted was below what was actually used. My guess was he underestimated the amount of timber deliberately to ensure he got the job and he'd worry about collecting the money later.

Sounds to me like you need to limber up a bit.
If you dont limber up, you might stain a muscle when you stick your head between your legs and kiss your nads goobye.

Al :eek:

[vGolfer]

Sounds to me like you need to limber up a bit.
If you dont limber up, you might stain a muscle when you stick your head between your legs and kiss your nads goobye.

Al :eek:

With the greatest amount of respect, should I have to pay for someone else's incompetence? He measured and quoted. Now he's saying it's $4K more than what he initially thought.

[ThePope]

You've offered him more than what he quoted for, if he doesn't except that stuff him. He under estimated the job by over 50% and now he wants you to wear it, I don't think so...

[echnidna]

I would feel exactly the same so I would go to war.
Trouble is you must do it legally right, or you can come unstuck and I don't wan't to be a lawyer. (Thats the biggest bum of a job of all time) (Apologies to all members who are lawyers)

Your solicitor could write him a nice letter pointing out;
he only got the job because his quote was lower than the other fixed price quotes you recieved, and if he doesn't accept you kind offer to pay him the full sum that he quoted and not one penny more then he has a serious problem. Warn him if he takes a legal action that you will pay the amount he quoted to the clerk of courts.

If he goes to Court after getting a solicitors letter like that he is a foolish gambler.

[maglite]

I would have thought that the quote would be legally binding on all parties.

If the paper work says quote rather than estimate you probably have a pretty good case.
I would contact the nearest pro organisation ie MBA etc or seek legal advice.

Was the quote fixed or did it allow for any variations?
From what i hear, the ATO takes a very grim veiw of businesses trading in the black economy.
Food for thought.

[elphingirl]

I agree - he will not want to be reported to the ATO - might be useful in 'negotiations'.

As I understand, a verbal quote is still binding, although very difficult to prove. And as a rule, any variations should be requested in writing prior to works. But a lawyer should be able to write a juicy letter for you.

These guys might also be helpful:
http://www.buildingcommission.com.au...asp?casid=3343

Good luck, Justine

[sol381]

Give him the 7 grand and tell him to **** off. If i built a house for someone or did any sort of work and i forgot an item in my quote, too bad for me. To quote on something as simple as a subfloor and get it wrong is just idiocy. THeres probably only 3 or 4 items to work out.
Id give your solicitor a quick call, let him know what is going on see what happens..
DO NOT PAY HIM A CENT MORE THAN THE QUOTE.
STEF

[Sturdee]

A written quote is just that - a "quote". Whilst it is commonly assumed, it is not a contract for the work to be done.

So there are 2 questions that will affect your outcome :

1. Did you accept the quote in writing confirming that the amount quoted was the all inclusive maximum amoun to be paid for the works.

2. What did you say/agree to when told that the job needs more timber than allowed for in the quote.


Depending on the answer to these questions you will either have to pay up or not.

Hence the advise to immediately see a solicitor before doing anything ( or making any further offers or part payment ) would be a good idea.

Remember the " fine print" decides these issues, irrespective of your moral rights, hence always pay attention to these minor details. As much as I think your morally right I think that Ozwinner's advice is spot on.

Peter.

[vGolfer]

Thanks for the advice everyone. I just wanted to make sure I wasn't out of step by telling him he should wear the cost.

I actually got quotes for materials - and I'm not in the Trade.

F17 Timber: $1730
Treated Pine used for bottom plates: $260
Concrete Stumps: $160
Concrete 32mpa delivered 1m3: 200
Inspector: $300 ish

Total: $2650

Plus a bit for nails!

The guy said he pays his contractor 36% of the job. That's another $2700. So he's still going to make a couple of grand clear profit just for signing me up!

I may just offer him the $7K and bugger it...no extra $500

[echnidna]

Treated pine for bottom plates?

the building regs may have changed but you were not permitted to use fresh sawn ends on treated pine underground. All ends had to be treated so they could not rot.
I would also want to see proof that the treated pine was suitable for in ground use (as not all treated pine is suitable in ground.)

See a lawyer.