Builders' quote - items on quote that were not supplied

Submersible77

Hello, I have a question and hope you someone out there can help.

I have had some building work done on our home based on a quote that included pricing of various items that I ended up paying for separately - for example, carpets and flooring, tiles, lights and light switches. These are all included on the quote but, in the end, I ordered and paid for these at the builder's request. 

It is a detailed itemised quote, where these items are all given an individual and specific price in pounds and pence, so they don't look like estimated prices. And I ended paying a bit more than the prices on the quote, but maybe my requirements were a little more exacting.

Additionally, there were elements included on the quote that weren't supplied - they quoted for under floor heating, eg, but on the day advised against it for various reasons and so we didn't get that done. 

I had assumed that we would simply deduct these costs from the final invoice but (surprise!) it has not been that simple. The builder is offering a revised final settlement that is still higher than if these items were deducted at the price listed in the quote (let alone what we actually paid, but I accept that's down to me).

I am right to stick with the original quoted price minus what has been supplied by me and the cost of non completed work? Or should I accept their revised cost on the basis that I am liable for the cost of the quote, regardless?

What is the legal situation? I am not afraid to stand my ground if I have to, but just want to check the rights and wrongs of the situation.

Many thanks in advance for any insights you may be able to offer.

marcia_

 I would stand my ground and deduct everything you paid for or they did not supply. You are not liable for whats in the quote if thats not what was supplied. 

Section62

Submersible77 said:

....
I am right to stick with the original quoted price minus what has been supplied by me and the cost of non completed work? Or should I accept their revised cost on the basis that I am liable for the cost of the quote, regardless?

What is the legal situation? I am not afraid to stand my ground if I have to, but just want to check the rights and wrongs of the situation.
....

If you paid more for goods than the builder quoted then you definitely can't expect to deduct the higher figure from the final price.

Otherwise, the situation is tricky.  The builder could argue that the original quote was based on all the work and supply of goods being included - if they had known from the start that the job wouldn't involve as much then their prices may have been higher.  Smaller jobs tend to be proportionately more expensive than larger ones, so they may have a persuasive argument if you end up in court.

With a quote you have an all-in price for the job, or for elements of the job.  Whilst figures for individual elements of the job could be used as a starting point for negotiating a revised price, you may struggle to justify using the quote as a menu you can pick and choose from.  This differs from a priced bill of quantities situation where both parties were clear from the start that potentialy not all items will be required/charged at the end of the job.

The big question is how much are you talking about and what is that in terms of percentage?  If the builder wants more than the sum of the completed items of work quoted for then they need to justify any increase in price of what they are charging for.  As an example, say if the tiles weren't available when the builder needed them then it may be reasonable for them to recover any additional costs arising from that delay.

In terms of legal action, it gets expensive very quickly, even if you ultimately 'win'.  You need to decide whether the cost and stress of legal action is justified for the price difference, or whether you could negotiate a figure both of you will agree to.  It isn't uncommon for traders to have customers not wanting to pay (for a variety of reasons) and often the trader will give up without a fight.  But not always.