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Signed estimate, is it legally binding?

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  • Davo84
    Davo84 Posts: 16 Forumite
    macman wrote: »
    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.

    I am confused now, is that signed estimate a valid contract or not?
    With no clauses in it, what could he claim for?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did you give him a deposit? If so, did he give it back?
    If it's valid, he can claim the full value of the contract, but he's more likely to just retain the deposit.
    No free lunch, and no free laptop ;)
  • Leif
    Leif Posts: 3,727 Forumite
    Davo84 wrote: »
    I am confused now, is that signed estimate a valid contract or not?
    With no clauses in it, what could he claim for?

    What the other person (possibly) means is that it is not a contract hence you have not agreed that he will do the work. However, if you do go ahead with the work without any additional paperwork, then the trade can charge you what he likes as you have not agreed a fixed price. All he has done is provide an estimate. In law you might be able to argue that he must justify any significant increases in cost, but really you should sign a contract for a fixed price with the work clearly described. If he things you now owe him some money, well I doubt it. If you are sure he would do electrical work etc without having the required training, tell him you are not prepared to deal with him.
    Warning: This forum may contain nuts.
  • Davo84
    Davo84 Posts: 16 Forumite
    He did not start the work and I already told him that I don't want him to start the work and he said ok.

    I was just worried that he could have second thoughts but seems that would not lead anywhere.

    Thank you everyone!
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Some points.

    1. It's not illegal to be paid in cash or ask to be paid in cash.if the guy then fails to declare the cash to HMRC then that's a different matter, the details to which you are not privy.

    2. It doesn't matter that he doesn't have a company registration number. He is probably acting as a sole trader and therefore this wouldn't require a registration number.

    3. Likewise he doesn't have to a VAT registration number. This is only needed if he has a turnover exceeding the threshold for registration (app. £76000 pa turnover) or he he's voluntarily registered for VAT.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • There is nothing wrong with an estimate for work to be carried out.
    Just make sure if someone would rather give an estimate, as opposed to a quote, that there are stipulations in the terms that he may not carry out work above or beyond the written estimate without written consent from you.
    Also you are legally entitled to a minimum of 7 days cooling off period from the signing of any contract agreeing to his estimated costs and the work starting. Any quote or estimate not detailing this legal entitlement is apparently illegal. Trading standards told me about this when I enquired about my legal standing on signed quotes/estimates.
  • diable
    diable Posts: 5,258 Forumite
    Davo84 wrote: »
    He did not start the work and I already told him that I don't want him to start the work and he said ok.

    I was just worried that he could have second thoughts but seems that would not lead anywhere.

    Thank you everyone!

    So basically you are worrying about nothing..........
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