Signed estimate, is it legally binding?

Davo84

Hi everyone,

Let me go straight to the point.

I wanted to refurbish my kitchen and got an estimate from the guy that was putting up some new doors in my flat.

I brought me a written estimate we signed it and waited for the doors to be finished to agree final costs for material and start date.

I then found that the guy did not have any certification (gas safe, or electric certification) and PLI.
I told him that I did not feel confident enough to get the work started and he said "that's ok, up to you".

The only written document is this signed estimate with the following content:

---

ESTIMATE

My name and address
Name of it's company and address (no company number, VAT or anything else)

1. floor
2. walls
3. plumbing
4. installing kitchen
5. etc..

TOTAL

And then hand written
£1800

£200 deposit

and our signatures.

---

Is that a legally binding contract? Could he claim anything?

warmhands.coldheart

No, it's an estimate for a job!! likewise even if he had got the job and asked for more money, he would have been within his rights as it was an Estimate... not a fixed contract.. What is it you're worried about/trying to get at.... Is he saying you still have to pay him or are you insisting he do the work??

Meepster

No, that's not a contract. It's an estimate. Signing it doesn't have any legality to form a contract. It's merely an acceptance of the works being quoted for and confirming the price.

joinaman

No
An estimate is exactly that, a rough guess at how much he thinks it will be, give or take 50% +
Only a quotation is fixed, with any extras to be agreed and costed prior to works being carried out
You should always ask for quotes, that way you know what the true price will be, an estimate can vary a great deal from the original estimated price to the finished price

Davo84

warmhands.coldheart wrote: »

No, it's an estimate for a job!! likewise even if he had got the job and asked for more money, he would have been within his rights as it was an Estimate... not a fixed contract..

So the fact that is signed doesn't actually mean anything, because
A) is an estimate, not a quote/contract
does not have any other detail
C) should not be legal as he does not have the rights to do what is in the list (not a gas engineer) and wanted to be paid in cash (not legal).
Is it correct?

Davo84

warmhands.coldheart wrote: »

No, it's an estimate for a job!! likewise even if he had got the job and asked for more money, he would have been within his rights as it was an Estimate... not a fixed contract.. What is it you're worried about/trying to get at.... Is he saying you still have to pay him or are you insisting he do the work??

I am worried he would try to claim some money from me.

macman

Where does he say he's going to carry out 'illegal' work himself? Many kitchen fitters will employ qualified sub contractors to do the plumbing/electrics/gas side of things.
And it's not illegal to ask for cash payment-though it may indicate that his tax affairs are less than honest.
If you didn't ask him what his qualifications were, he's not obliged to tell you.
Did you pay him a deposit? if so, you do have a contract.

comeandgo

He would maybe subcontract to others if certain skills he does not have are required. My husband does estimates for tarring, he does not do it but gets another contractor who does.

Davo84

I am not saying that he was going to carry out 'illegal' stuff.
I am saying that if that was to be considered a contract, it could be argued to be a faulty one...but maybe I am wrong?

Davo84

comeandgo wrote: »

He would maybe subcontract to others if certain skills he does not have are required. My husband does estimates for tarring, he does not do it but gets another contractor who does.

If that was the case ok.. but he said he was going to do that as he has done many times.

macman

if you signed a contract that is based on an estimate, and not a quotation, then he can (in theory) charge whatever he likes, as it's not a fixed price contract.
Never agree an estimate, ask for a quotation.