An under-estimated estimate!!

[JDPlumbing]

Hi all

Hoping someone's experience may help me out here!

I provided an estimate for a job, which included carpentry that was to be done by a carpenter mate of mine (ex-mate now!!). Because he never turned up when he said he was, didn't provide samples etc etc, the customer has now halted the work until I can find someone else who can do it for the same price. The customer owes me for materials and labour up to the point of stopping the work. I am getting quotes in but they are all twice if not three times as much as what I originally put in my estimate. The customer is refusing to pay more, saying it is my responsibilty to get the job done within the "quote" (I have told him that I provided an estimate not a quote and that I did not tender for the job, nor have either of us signed a contract). I cannot afford to lose what would probably be approx £2000. It is evident that my mate quoted too low! The customer is saying we had a common law contract and that I must finish this job within the amount "quoted" and if I can't he will employ someone else and bill me the extra costs!

I am bending over backwards for this guy, and have had numerous phone calls, texts and emails from him, more or less threatening legal action if I do not complete this job. No one is more peed off about this than me, having been let down by one of my oldest friends, and I am trying to sort this out, but has anyone else had experience of this? I only provided an estimate and although I obviously do not want the costs to escalate too much for the customer, surely I cannot have a gun at my head to finish this at the original price, if it is certainly going to cost more?

I understand the customer's pov because of the let down but he is being completely unreasonable.

Can anyone offer any advice?

Thanks

Jonathan

 

[mountainman]

We've probably all been in a similar situation.
It would be reasonable if the customer at least went half-way with the additional costs, but he doesn't have to.
I doubt that there is such a thing as a 'common law contract' enforceable or not.
You really have two choices IMO, do the job and swallow the loss or walk and swallow the loss.

 

[diamondgas]

Does this help Jonathan? [DLMURL="http://www.findlaw.co.uk/law/consumer/consumer_protection/144.html"]What the law says a service provider must do - Consumer Law[/DLMURL]

Did you give a written estimate? Itemise your EX-mates and your work or the separate work details in general? You have rights too as a supplier! Try and keep ya cool and comunications open if you can?

 

[Guest123]

If you supplied a written/typed estimate and he signed it, you have a legally binding contract.

Are you not skilled enough to tackle the basic joinery work by yourself and get a joiner to do the more intricate bits? You'd save money doing this and you could explain to your customer that having been let down by your joiner, you are tackling the work in order to get the job completed for him. Worth a shout.

 

[WaterTight]

Isn't the whole point of an estimate that it can change? Otherwise it's a quote. But if nothing is signed I agree with mountainman that you can "do the job and swallow the loss or walk and swallow the loss." I suspect you'd swallow less of a loss (and just more of your time) by doing the former rather than the latter.

 

[Millsy 82]

Did you give them anything in writing what did it say quotation or estimate? A small company I worked for a few years back had the same problem with a tiler (3 large bathrooms and a kitchen all fully tiled) and in the end it all went through the courts and the company won due to the fact that we did everything in our powers to get the job done.

1 Get a couple of estimates off chippies and present them to the customer to choose which one he wants and is willing to pay for the work.

2 Do everything that you have priced for yourself to do then bill them accordingly.

3 Work out what exactly he owes you up to this point and give them a bill for it then walk away. Before you do this make sure that you try every possible way to complete the work Ie give them new estimates for chippy. Be ready to have to take it through court.

4 Rip out everything that you have done tell them where to go and take it on the chin.

If they are arguing over the price now I would tell them to pay as they go as they will probably argue at the end.

 

[BLOD]

I did some work for a solicitor a few years ago, gave him a written estimate and he said he wanted to go ahead providing he received a written quote from me. He told me there is a big difference legaly between the two!
Also courts take a very dim view of "unreasonable " behaviour - can you prove he's being unreasonable?

Think if I was in your shoes JD I'd get some legal advice.

best of luck

 

[markfxy]

If you've stated on your estimate that it is just that an estimate then you can charge a reasonable cost on final invoice if youve had a few quotes of 2 to 3 times the original estimate then thats what the cost will be. he can't demand you finish the job for the price stated on your estimate because its not a fixed price.
You've bent over backwards for him but now is the time to put your foot down tell him what it's roughly going to cost him and demand any payment due and badger him constantly for said payment.

 

[SafeGasInstall]

How much will you lose if you had to employ another person
to finish off the job ?
Is your comunication still good with customer ?
Might be better to finnish job of as you know what that say :
Happy customer will tell min 2-3 people of you , but unhappy one
will tell everyone !
I fill for you , and I hope you can men age the situation to the best you can !!

 

[JDPlumbing]

Thanks to all of you for your advice and thoughts.

It has Estimate all over the estimate although the customer keeps referring to it as a quote! The communication channels are still open and I am still trying to get this job done to both of our satisfaction. Problem is when I speak to him he waffles on and tries to browbeat me into submission (or it feels like it)!

I like the idea of going in and ripping out the stuff they haven't paid for but maybe not the roasd to go down at the moment!

I am going to get these quotes or should I say estimates, from the chippies and present him with the facts. I don't think he has a leg to stand on legally but I really don't want to go down that road because even if I am in the right, that will cost loads of dosh to prove it that I just don't have!

I would like to get the job finished and them be happy, because as stated before, get it right and they may tell a couple of people, but bugger it up and everyone will blacklist me!

Any other thoughts/ideas appreciate, but thanks so far!