Tradesman increased quote (x4) AFTER deposit paid

Booster1234

Long story short, we needed some work done to replace a failing driveway and in April 2023 a very well-regarded (so we understood) local contractor specialising in this work came out to see the job and to provide a quote. The issues with the driveway (cracks and wear and tear etc) were all visible at the time of the quote, and we needed the work done as these would only deteriorate with time etc. All of this was discussed (and is visible to the naked eye etc). He ultimately provided us with the quote 11 months later in March 2024 (lots of chasing him, he didn't visit again in this time frame, he also had a family bereavement etc so many reasons for the delay). We also asked him for a contract and scope of work.

The sum of the quote was circa £8500 and deposit was 20% which we paid, as we were happy to proceed with this price and the work as it was needed. So, we have paid a sum of circa £1700 at this point. The Great British weather has obviously played havoc with his workload, so work was not scheduled to begin until 1st August. We had to chase a lot to have confirmation etc and understand timescales but this was confirmed and we were happy things were finally moving forwards. Then, three days before the job was due to begin, the contractor emails my husband and asks if he can pop over that afternoon to just 'check a few things'. When he arrives, he does lots of head shaking and 'hmmmmmm' and says 'it's worse than I remembered.' He then asks questions about the sub base, what the driveway was laid on etc - all things that have NOT changed in years, let alone since the original visit when he provided the quote. During this visit, he says the only option to get the result we need, is far more invasive than he had previously thought and requires the sub base etc to be dug up in it's entirety, new depths of concrete laid etc, and the job would in fact cost in the region of forty thousand pounds 'due to the deterioration of the job' since he was last here. We don't have this in writing, but we do have the conversation on CCTV. This is money we don't have, so we aren't able to proceed, but the contractor is now also saying he won't refund our deposit based on the T&Cs (will post these below) and the fact that he'd already bought materials for the job. We have challenged him on these points as the deposit paid was essentially for a job he's now saying isn't the job that's needed but he's now simply replying that T&Cs state deposits are non-refundable and that's the end of that. Here are the T&Cs relating to contract and deposits:

1 Contracts 

All quotations given to Clients & Contracts are subject to the following terms & conditions & no other terms & conditions carried out shall apply to work carried out by the Contractor.

2) a quotation given by the contractors only capable of acceptance on the basis of these terms & conditions the work will not start acceptance . Acceptance maybe required to be given in writing.

b)Variations or additions to a clients order or acceptance must be agreed with a Director and will be confirmed in writing by the contractor. No variations or amendments will be made unless agreed in this way.

Payments

 a)Deposit of 20% will be required to secure the contract and will be held in the contractors deposit account until work commences all deposits are non refundable unless the contractor cancels the project or cannot commit 

b) if works to carry over any 14 day period on one contract then stage payments will be required.

c) All outstanding invoices are to be paid no later than 7 days from date of invoice.

d) the quotation price is non negotiable of discount unless agreed by the Contractor The prices quoted are Net & are including main Contractors discount.

We were more than happy to proceed with the original job and paid the deposit in good faith, thinking that was the work we'd be receiving. But this feels very unfair considering at no point have we pulled out of that original job - he has changed the scope of work required, plus the ultimate cost, which - while may be necessary - is not at a level we can afford and I can't understand how the retention of the deposit is justified in this instance. Why 'suddenly' appear three days before a project commences and declare it's 4/5 times the cost if you've already bought materials etc? I am absolutely gutted. This is the second time something like this has happened to us in the past 5 years (first was a cowboy builder, took our money then liquidated his business etc) and I'm just gutted. 

But this can't be fair, can it?
Does anyone have any advice on recourse? Can we pursue this through small claims? 

MikeJXE

it depends what construction spec was agreed at the time and if it is writing 

Booster1234

MikeJXE said:

it depends what construction spec was agreed at the time and if it is writing 

Yes, this is in writing. 

It's literally this:

To install new edgings as discussed to replace old ones and to overlay existing resin in car parking space only.

darrensurrey

I'm not a lawyer.

Here's my thinking on the matter (aside from him taking ages to get back to you so I would not have bothered with him).

"non refundable unless the contractor cancels the project or cannot commit" He's not able to commit to the original job. Do you have a specification for the £8500 job?

I would be thinking about small claims court, speaking to CAB and speaking to Trading Standards so investigate these as options but stay pleasant at the start to give him a chance rather than waving the legal big guns at the start.

https://www.gov.uk/make-court-claim-for-money

Booster1234

darrensurrey said:

I'm not a lawyer.

Here's my thinking on the matter (aside from him taking ages to get back to you so I would not have bothered with him).

"non refundable unless the contractor cancels the project or cannot commit" He's not able to commit to the original job. Do you have a specification for the £8500 job?

I would be thinking about small claims court, speaking to CAB and speaking to Trading Standards so investigate these as options but stay pleasant at the start to give him a chance rather than waving the legal big guns at the start.

Thanks Darren. I agree on the first point, we shouldn't have waited it out - but he was so highly recommended and we'd been - ironically - scammed by a dodgy builder before that we stuck with it. Lesson learned (again).

Spec he provided was literally this: To install new edgings as discussed to replace old ones and to overlay existing resin in car parking space only

And this is what we feel - he can't/won't commit to the original contract so he's the one revoking that, not us. It's effectively nullified. I'm going to ring CAB tomorrow (or today if open) - we sent a polite email outlining all of the above but received a one liner in response stating 'deposits are non-refundable as per T&Cs and I've already bought materials,' and no further contact with him from this point. 

pinkshoes

Deposit of 20% will be required to secure the contract and will be held in the contractors deposit account until work commences all deposits are non refundable unless the contractor cancels the project or cannot commit 

Seems straightforward to me. The contractor can no longer commit to the original quote and project therefore he needs to refund the deposit in full.

There is NO WAY in that short space of time a quote can quadruple in price due to deterioration. He has clearly mis-quoted.

Booster1234

pinkshoes said:

Deposit of 20% will be required to secure the contract and will be held in the contractors deposit account until work commences all deposits are non refundable unless the contractor cancels the project or cannot commit 

Seems straightforward to me. The contractor can no longer commit to the original quote and project therefore he needs to refund the deposit in full.

There is NO WAY in that short space of time a quote can quadruple in price due to deterioration. He has clearly mis-quoted.

Thanks pinkshoes - this is what we feel too. 

MikeJXE

Booster1234 said:

pinkshoes said:

Deposit of 20% will be required to secure the contract and will be held in the contractors deposit account until work commences all deposits are non refundable unless the contractor cancels the project or cannot commit 

Seems straightforward to me. The contractor can no longer commit to the original quote and project therefore he needs to refund the deposit in full.

There is NO WAY in that short space of time a quote can quadruple in price due to deterioration. He has clearly mis-quoted.

Thanks pinkshoes - this is what we feel too. 

Totally agree

the_lunatic_is_in_my_head

From 8 grand to nearly 35 for a driveway, guy's having a bubble isn't he?

OP deposits are rarely non refundable, if you breached the contract you'd be liable for either costs or loss of profits but he is breaching the contract by not going ahead at the price quoted. 

He is the expert and asking questions about sub bases and such is something you d before giving a price and taking a deposit. 

Firstly I would report this to Trading Standards via Citizen's Advice as it's boarding on dishonesty (don't bring dishonesty up with the guy directly as it isn't productive) and if he won't return your deposit you are looking at a letter before action and small claims.

Is he a Limited Company (LTD)?  

Grumpy_chap

pinkshoes said:

Deposit of 20% will be required to secure the contract and will be held in the contractors deposit account until work commences all deposits are non refundable unless the contractor cancels the project or cannot commit 

Seems straightforward to me. The contractor can no longer commit to the original quote and project therefore he needs to refund the deposit in full.

There is NO WAY in that short space of time a quote can quadruple in price due to deterioration. He has clearly mis-quoted.

I don't think he misquoted.
We don't know the size, but £8.5k is in the sort of range you'd expect for a driveway.  Including preparing sub base.
£40k is way over.

For some reason, the trader no longer wants this job - odd they are not returning the deposit though.

Slinky

If it helps at all, this is the job we've recently had done on our drive at approx £8K+VAT. Taking out concrete and relaying as tarmac.

(Area 64m sq)

To excavate area to the necessary depth and dispose of all spoil from site.

To supply and lay geo-textile membrane on compact sub-soil.

To supply and lay 150mm thickness of Type 1 hardcore well compacted to the correct falls and levels.

To supply and lay block paver edging laid on and backed up with 1:3:6 concrete to the lefthand side of the driveway.

To supply and lay channel drains and pipe into new create soak-away.

To supply and lay 30mm thickness of 20mm grade dense bitumen macadam Base course compacted to the correct falls and levels.

To supply and hand lay 30mm thickness of 6mm grade S.M.A wearing course compacted to correct falls and levels.

 

The price for the above work will be ……………..£7,995.00 + v.a.t.