Half way through the work, material price doubled and builder said, the deal was off, but for further payment he would finish the work. But we agreed an fixed price for the work. What if I agreed under protest? Can I on completion refuse to pay because of economic duress? What would a lawyer say?
2007-01-24 01:12:28 · 14 answers · asked by Johanna F 1 in Politics & Government ➔ Law & Ethics
If you had a written agreed upon price signed by the builder, he must legally do what he said.
2007-01-24 01:16:17 · answer #1 · answered by CL R 3 · 3⤊ 0⤋
If you obtained a solid WRITTEN quote of the pricing for materials, labour, etc before the work commenced, from the contractor, then you have grounds to have that builder finish the job under that contracts conditions. If he doesn't comply, my best advice to you would be to seek legal action, but first make certain all the costs are included in the quote.
2007-01-24 01:21:03 · answer #2 · answered by Grant B 1 · 1⤊ 0⤋
You are good as long as a contract was signed and the price was listed in the contract. If this is the case, you have an excellent civil suite against the contractor. If you don't have a signed contract and he just stopped working, this is also another civil matter but depending if a payment was made then no work was done (due to the cost increase) then that is THEFT of services and can be pursued criminally. Best advise, talk to an attorney.
2007-01-24 01:19:26 · answer #3 · answered by Colonel 6 · 4⤊ 0⤋
unless this provision was in the contract, ie to contingently charge more as the material price increased, then no, but most labour contracts will exclude the price of materials for this reason. He should not charge you more because only the material is more expensive, generally there is a rule against economic duress in contracts, but it will depend on your agreement.
2007-01-24 03:24:32 · answer #4 · answered by logicalawyer 3 · 0⤊ 0⤋
Written down or not this guy is under contract to you to do the job and to do it for the price agreed. If he has a problem with that then he has to deal with it.
You are under NO legal obligation to make further payment, however if he does a runner, you can report him to Trading Standards Dept. In fact I would do that anyway.
Keep any documents and make notes on telephone calls etc.
I think he's pulling the wool over your eyes to be honest.
Call Trading Standards and then tell him you have done so and watch the colour drain out of him.
2007-01-24 01:21:00 · answer #5 · answered by The Alchemist 4 · 2⤊ 1⤋
Did you have a written contract? If so, he's stuck with it. If you are working a verbal agreement, you'll have real problems winning a judgement.
Always get EVERYTHING written down before working with a contractor. Sometimes I find they won't do that - in which case, they don't get the job. I usually print out something simple for plumbers and other trades people to sign if they can't provide an actual contract themselves.
2007-01-24 01:35:49 · answer #6 · answered by Anonymous · 1⤊ 0⤋
material costs are easy to calculate so unless you decided to swap pine for mahogany and concrete for marble it is unlikely he can justify his increase , however the onus of proof will be on you so do you have it in writing that £??? was the full amount due on completion ? if so I'd say see a lawyer , but if you pay him and then try to get your money back the chances are you will end up wishing you'd never bothered .
PS it might help to have a 7ft 4 friend of yours stay over for a few days just to let the builder know (silently) that if things get out of hand your not alone .
2007-01-24 01:30:52 · answer #7 · answered by Anonymous · 0⤊ 1⤋
No, it does no longer. it would want to be cost fixing if, say, each and every of the important supermarkets were given jointly and keen to cost $0.seventy 9 a pound for bananas -- that could recommend that in the adventure that they hadn't all gotten jointly and "fastened" the cost at $0.seventy 9 consistent with pound, the cost of bananas might want to be decrease via marketplace forces. If the "organic" cost of bananas in a free marketplace become already $0.seventy 9/pound, there might want to be no want for them to fix the cost. If the "organic" cost become more advantageous than $0.seventy 9/pound, they does no longer fix the cost less than what they could otherwise cost. So the glaring end is that the "organic" cost is *decrease than* $0.seventy 9/pound, yet as long as each and every of the sellers agree among themselves to keep the cost artificially intense, there is little all of us can do about it. except for making this unlawful and prosecuting.
2016-12-02 23:53:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Check the prices yourself. Go to a builders mercahants, they will tell you if the prices have gone up.
2007-01-24 01:21:36 · answer #9 · answered by Spanner 6 · 0⤊ 0⤋
Get him to finish the work first, promise to pay him the extra, then when the works finished, do to him what he's trying to do to you.What can he say?"But we agreed on a price"?
2007-01-24 01:25:43 · answer #10 · answered by pageys 5 · 0⤊ 0⤋