Accepted a quotation, now tradesman wants more money

Willis75

I accepted a written quote from a landscaper to install a patio, base for a shed with a path all around, a path up the garden and 3 raised beds. We agreed a design. I drew the design with measurements and forwarded it to him. He agreed via email it was correct and then he sent me the written quote.

I moved into a new build Xmas eve and got a quote for this work in the new year. When the landscaper came he was aware that the garden was and is water logged. The builder had already turfed the garden. I asked him to look over the fence to my new neighbours garden who’s turf had already been destroyed in 2 weeks by her dog running around and was now just a pond, This was to draw his attention to water logging issue.

The landscaper just tested a piece of soil nearest the house and declined to walk around saying it is too wet and just by standing on it, the turf sinks. He said the work, despite the sodden ground would be no issue.

Fast forward to yesterday when he started work. He started to dig out the shed base in the area marked for this and then stopped and said it wouldn’t work as it just kept filling up with water. He said he would have to reverse the garden plan. I agreed to a mirror image of the original plan.

He started to dig on the opposite side and said it is too wet. To continue to put a shed base, he would have to dig 3 times as deep as normal and I would now have to pay extra for the additional labour time plus the cost of several tons of hardcore. 

Today he laid the slabs for the shed base but this afternoon I noticed that the base was too small and also the wrong shape. He then argued that to make it bigger he would also again have to charge me for the extra time to adjust the size, extra flags and hard core. He then said he wasn’t sure whether he would build 2 of the 3 raised beds and I would have to wait until summer.

Also, without my knowledge or agreement as I had to go out after he arrived, he took all his heavy equipment onto the turf including a cement mixer and completely destroyed the lawn. 

So, I am left with a lawn that is just deep potholes and mud. A corner of the garden that has been dug out and is now a pond. And expecting an increased bill.

I’m not sure where to go from here regarding my legal rights?

1: Do I have to pay him more than I agreed?
2: He is now going to leave me with a mud bath of a lawn that has been destroyed with his equipment. He said it is not possible to lay new turf even if I pay and all other methods of putting it right will be very expensive,
3: As a professional, surely it he should have done a full assessment of the ground conditions before deciding what was possible to be done with the garden design.

Advice please,

tacpot12

You are entitled to him doing a professional job, and to have the work that he quoted for done for the price you quoted. If he finds, upon starting the job, that he has mis-assessed the situation, he could have (and should have) repudiated the contract. He should restore the garden to the state it was in, i.e, returf it. I don't see why he can't returf it if the builder turfed it originally. 

He seems to have made a mistake in starting the work when the ground is not suitable. As a professional he should have done a full assessment of the ground conditions, but he was entitled to charge you for the work to assess the ground conditions. Did you discuss paying him to do further investigations?

As a professional, he should be aware of the impact of hidden problems, and things not being as expected, so his contract should have covered what you were liable to pay if he finds things to be other than he expected. I assume you had no written contract with them. With no contract, a judge would have to decide what is reasonable, and when the job turns out to be more difficult than expected it is not unreasonable for both parties to have to 'pay' more (the trader should absorb some of the cost). Note that the trader can repudiate the contact, and not complete the work if they can't afford to take that much of a hit, but they have to reinstate the property to its previous state.  They should have taken reasonable steps to protect your lawn, which would have required you pay extra.  

I think a judge would expect the professional to do enough of a review on meeting the customer at a site to decide if futher investigations were required or not, and to ask the customer to pay for the investigations if there is any question of the job on being possible to do in the manner the trader expects to be able to do it.

It sounds like your garden needs a proper drainage scheme and that any attempt to do anything before this drainage is put in is doomed to failure. 

If I were you, I would try mediation as a way of agreeing how much you will pay the landscaper so that they will not sue you for part of the bill. Clearly you will no pay for work that has not been done such as the third raised flower bed, and the price should also be reduced to reflect that the shed base is smaller than agreed. (Can you evidence that you gave a size for the shed base?) 

If you have home insurance, and have legal expenses cover, I would talk to your legal helpline asap and get some help and advice from them. 

Willis75

Thank you. I didn’t have a written contract. I did have an written quote which didn’t clarify sizes etc. Just the areas of work to be done.

After I got the quote I emailed him to clarify each aspect of the work..size of patio, size of shed base, size of raised beds etc. as I didn’t want any misunderstanding. I then drew a scaled drawing showing measurements, which I emailed him. He agreed this was correct.

When yesterday I noticed that the shed base was wrong, I took this up with one of the workers, the landscaper had left. He said he had already pointed out to his ‘boss’ that it didn’t look big enough.

Of course I am happy to pay for work done as agreed. The patio is good. It’s just the rest but it leaves me with the dilemma of the unfinished work and the mess.

I had a strict budget for this project and if I have to now get another company in to finish and rectify my turf I cannot see me getting this done within the budget, that’s if anyone wants to take on another company’s failure. It’s a matter of who should be out of pocket..me or the landscaper?

Having agreed a price for a completed job it looks like it’s not going to happen and I am going to be left with a mess.

Willis75

He did say before he left yesterday that he had never seen a garden so waterlogged and yet he knew it was like that. I discussed with him when he came to quote that my property was built over a pond and we are on wetlands.

I also forgot to mention that I paid him upon booking 10% deposit. I understood that a quotation was a legal contract once it was accepted?

twopenny

I can't help as such but I can sympathise as I live in Somerset and the garden is sodden because we have had so much rain this winter.

I had paths, patio and steps put in last spring but they waited and juggled jobs to suit the weather and ground conditions.

I would be inclined to post again on the In my home forum as this is more about contracts and inferior work.

I do think it was unreasonable of him to begin when it was waterlogged. There's every chance that things will not dry out or they may move as the ground contracts.

The part "I then drew a scaled drawing showing measurements, which I emailed him. He agreed this was correct." is his agreement to the work you required so there shouldn't be any extra charge for making the shed hard standing the right size. I assume he emailed his agreement? That's your point of proof that the fault is his.

Unfortunately workmen do make a mess. I had a good job done but was getting bits of concrete out of the flower beds, pruning the broken branches of lavender and my lawn I spent a year greening had several big yellow patches from pavers and bags of something laid on them just because they can't work and fiddle to save things even though they do their best.

You are not alone in that.

Willis75

Thank you twopenny, I realised to late this post landed in the wrong forum but I can’t find a way to change it.