Advice re invoice for "extra works"

funguy

Dear All,
Would be grateful for your advice regarding a log burner installation. The Surveyor/Engineer came to the house and priced up the log burner and the mantel etc. We also asked about having our TV mounted above the mantel and associated wiring done etc and he agreed to all this. The works took place and the burner/mantel/tv/wiring etc were all done. We weren't happy with the state of the repair to the walls and skirting board area and raised this with the installers who said they would bring it up with the office. In the meantime we received the final invoice (over £7k) and paid this. 

A few months later we still hadn't heard back about someone coming out to look at the poor finishing of our job. However we received another invoice - this time for the "extra works" of mounting the tv and wiring (£700). This came as a total surprise as there were no separate costs discussed at any time. We phoned up and the receptionist said she would discuss with the Surveyor/Engineer and get back to us if there were any problems. We didn't hear anything but received further demands for the payment of the invoice...each time we have phoned back only to be told they will discuss and ask finance to look into it and will call us back if there are any issues - we have never had a call back. 
We hadnt heard anything for several months so we asked them to come back to do the 1 year service which they did and we paid this invoice and there was no mention of any other pending charges.
Then a few months later we received the same "extra works" invoice again!!  We keep phoning back only to be given the run around.  We have emailed asking the Surveyor to come to the house to discuss and see the poor finishing and discuss the extra works but there is no reply. The same invoice keeps coming sent every few months but we cant seem to get them to respond to us when we contact them.

We obviously dont want this to keep going as it is mentally taxing. We are happy to meet and discuss with them. We dont want it ending up in court etc. 

What would the advice be please?

powerful_Rogue

Is the electrical work on the original invoice?

funguy

Hi the original invoice mentions "may want tv above beam" although verbally they agreed to do this if we wanted as part of the total quoted cost. 

the_lunatic_is_in_my_head

Hello OP

When they came out, did they give you a price at your home and you agreed or did your agreement happen later (via text, email, phone, etc)? 

Did they give you a written quote or estimate for the job and if so what does it say about the works to be carried out?

Ultimately unless they take you to court there isn't anyway to force you to pay, the fact it's a year later and they keep sending the invoice seems like they are disorganised more than anything else.  

Can you post photos of the poor work? 

Services must be carried out with due care and skill, where they aren't you should request a repeat performance which it sounds as if you have but did you do it writing (again email, message, text, etc), if not do so.

If the trader doesn't come back for the repeat performance then you can seek a price reduction to cover the cost of the difference between what was received and what was paid for.

Alternatively you can claim damages for the cost of correcting the work. 

I think those two amount to the same thing but either way burden of proof lies with yourself AFAIK.  

funguy

Hi they came out to the house and then sent an email quote later in the week. 
It lists all the technical works including "may want tv above beam" with no cost attached to that. In comparison, underneath it says beam costs will range between "£400 and £500" and we paid the actual cost once we had chosen one. 
Is it likely they will take us to court?
I can take photos tonight...
We have asked them to come out already but been blanked - worth asking them again now almost 2 years later?

TELLIT01

If they quoted for the fire and mantel, and you then asked about the TV mounting and associated work, did you really think they wouldn't charge any extra for doing it?

the_lunatic_is_in_my_head

funguy said:

Hi they came out to the house and then sent an email quote later in the week. 
It lists all the technical works including "may want tv above beam" with no cost attached to that. In comparison, underneath it says beam costs will range between "£400 and £500" and we paid the actual cost once we had chosen one. 
Is it likely they will take us to court?
I can take photos tonight...
We have asked them to come out already but been blanked - worth asking them again now almost 2 years later?

If they didn't include it in the list of works with a price then perhaps it's extra that's due.

Where you wasn't given a price for this aspect they can only charge what is "reasonable".

However given you still have outstanding work to be corrected if they went via small claims you'd have a counterclaim. 

They should send a letter before action (i.e pay £x within x days or we will go to court) before beginning the process, not doing so doesn't invalidate their case but can harm their chances of being awarded costs. 

But it's probably a bit melodramatic and unlikely  

If they are still bugging you for payment after nearly 2 years I don't see why you shouldn't bug them to finish the work correctly after the same amount of time and then seek a price reduction if they continue to ignore. 

Would be handy if the amount due was around the same for finishing the job to a better standard but I guess that depends on what it looks like and how much you can live with it