paving contractor help

Funtime_Frankie_4

Hi,

Advice needed, please. I required my back garden paved, so called a firm in. They gave me a quote, but it was rather high. I called a second firm, got it a grand cheaper, and the original firm then agreed to match it.

So, today, the original firm turned up, excavated the garden and, after four hours work, then said that they couldn't do it for the price quoted. They claim that there was more land space than they'd thought, even though they'd visited the property twice (in fairness, it's all brambly back there, may not be the easiest job to gauge the distance).
They want to charge me a thousand more. I've said no, of course, as it feels like blackmail to me. They then dumped all the excavated rubbish back in to my garden and left.

I've since called a second firm who, amazingly, won't take the job because the building trade is a close-knit community and they don't want to be seen to be taking business from another firm.

Where, legally, do I stand? All help greatly appreciated.

hollydays

You got something in writing from them?

What was the exact reason they claimed their costs had suddenly become higher?

What is it you are looking for.

Funtime_Frankie_4

Thanks for the reply. Yes, I have a quote from them, a sort of checklist if you like, with all options ticked. The reason they're charging more, as I say, is because of land that I'm reclaiming from the bottom of my garden which has become overgrown. He says that his price was erroneous because he misjudged the depth of these brambles and claims that there's an extra 30 square metres that he was unaware of. This despite coming here twice.
What am I looking for? Advise, I suppose. I won't pay the extra, but is the quote legally binding?

hollydays

He is saying he didn't measure the size of the land properly,and presumably their was no reason he couldn't do this,and he gave you no warning there could be additional costs?

Kavanne

Approach another company and say you started the job yourselves but it's too big? that way you don't have to tell them they are 'taking the business'

yorksrabbit

OP: a written "quote" is generally held to be legally binding, providing it is a "quote" and not an "estimate" -- some cowboys have been known to con unwary householders in this fashion by providing "quotes" which are actually so qualified in the small print as to turn 'em into the equivalent of non-binding verbal estimates.

It doesn't sound like that sort of con trick is being worked here, so it's likely that the written quote you have received, and accepted, is the basis of a legally binding contract.

So much for the theory. In practice, you'd have to be living on the same planet as the, er, contractor involved to expect a resolution by legal means of this issue: as hollydays has rightly said, a groundworks contractor who can't even. . . measure???

Sounds like you've had a lucky escape: Gawd alone knows what the contractor would do with depth assessment then (oh look, bang, there goes the gas mains! Ah, whoops, sorry about your water supply!):eek:

Kavanne's solution seems simple and sensible, assuming there's no shortage of groundworks contractors in your area.

hollydays

How sure are you that what you got was a quote and not an estimate?You may need to get someone legally qualified to take a look at it.

teamgb

If you contact your local builders merchant they will be happy to give you the names of 3 or 4 of their regular customers who do that type of work.

Apples2

Why dont you hold them to do the rest of the garden and leave the additional 30m?

Debt_Free_Chick

I'm a bit confused.

They're not charging you, are they?

If not, then what do you want?

Sorry - genuinely confused as to what it is you want to get out of the situation.

Funtime_Frankie_4

Thanks for the replies. No, they haven't charged me, but have attempted to blackmail me. They've ripped out half of my garden (Buildings, concrete floor, etc) and only after doing this informed me of the extra charge. My back garden is now a rubbish tip, as they've dumped everything there (they wanted to charge me 250 to take it away).
I've measured the disputed area and its 10 square metres - so where they get 30 from, I really don't know. I rather suspect they may well find some rogue drain or other to bump up the price some more.

I've since called a couple of other merchants who, although pricier, aren't part of the !!!!! !!!!!.