Dispute with builder over invoice

[TarfHead]

I'd welcome other views on this.

We agreed a contract of works with a builder for home improvements. Everything was done to satisfaction, more of less on time & the whole experience was better than feared.

He has submitted a final invoice and has included a claim for an extra amount that I don't agree with.

Before the contract of works was agreed, they had 2 opportunities to assess the scale/scope of work and submit a quote. At a late stage in the work, they discovered that part of the work was more complex than they had thought and, to get it done, they had to rip out some of the finishing work already done and then redo it.

He is looking to be paid extra for this piece of work, i.e. increased effort and re-work. My view, and that of my architect, is that he should have identified the complexity of the work earlier in the build and resolved it before applying some of the finishing work.

At the time, we agreed that he had to do whatever was needed to resolve the situation but we did not discuss the cost.

He is adamant that he is owed this money. I believe that he is not as he had a lot of opportunities to figure out the complexity of the solution required.

The amount is less than 2K, including VAT, I'd be happy to make a cash settlement but he has dug in his heels.

What do you think ?

 

[JoeB]

I think you should refuse to pay him an extra penny, definitely not €2,000...

It's just my opinion but what's the point in getting a quote if it's only a guideline???

On the other hand if the quote / price given was described as a guideline then maybe you should pay more, otherwise it's his problem. You shouldn't have to pay for his mistakes...

just my 200,000 cents worth...

Cheers
Joe

 

[Trish1]

Hi Tarfhead, had extension completed this Summer, Builder quoted based on Architects plans. Complications arose after start of work, Architect insisted they re fill in foundations and re dig new ones, lots of extra work!! Builder did not look for extra funding as he accepted the complications should have been evident to him as an experienced builder.

 

[extopia]

I think you should post more details about the complexity of this work as it's not clear whether this was something he should reasonably have anticipated.

Having said that, your architect (if he is a qualified professional) should be your guide, especially if he is intimately familiar with the project.

Digging in his heels? Well you have the option to dig yours in too. If the amount is less than 2k I believe you can invite him to pursue you in the Small Claims Court

 

[secman]

You appear to be very happy with the work carried out and the final outcome, looking at it from another angle , what percentage of the overall cost is the 2k inc vat( worth €1,762 to builder). I'm not trying to take sides but it is prudent when doing a building project to allow for say 5% on the quotation for extras and un forseens. There are many people out there that would be delighted to pay the extra €2k for a job they would be delighted with. Just another viewpoint.

 

[ubiquitous]

If the amount is less than 2k I believe you can invite him to pursue you in the Small Claims Court

The Small Claims Court cannot be used to enforce business debts.

 

[TarfHead]

Thanks folks

The contract of works included a 90 degree turn to be put in the stairs. The builder commissioned a carpenter to build a 'winder unit' to accomplish this. When it came time to install the winder unit (about 2 weeks after it was delivered on site), they discovered that it didn't fit and had to take out the entire staircase to make the whole structure fit. In the course of taking out the entire staircase, he had to rip out plasterboard already installed for an under the stairs toilet. He also had to remove new piping that he had run under the stairs to the landing.

From my perspective, the contract of works included the 90 degree turn and that is what we now have and will pay for.

The points that ..
- the work was more difficult than assessed
- they had to rip out work and re-do

.. are not, IMHO, my problem.

 

[Seagull]

It sounds like either the carpenter or the builder took incorrect measurements. The builder may have a case to go after the carpenter if the unit supplied was the wrong size. I don't think he has any grounds to look for extra money from you.