Can we be charged more than the quote?

Chablar

Hello,

We've recently had some issues with a contractor who was due to carry out some lawn work on our garden. We were quoted £1800 (including VAT) for relaying the lawn on both sections of our garden. We paid a £650 deposit.

The contractor told me 2 days before work was due to commence that he is no longer able to get soil loose and has to get it in bags, so there will be an additional cost of approximately £200 (excluding VAT).

We've had a few messages back and forth, but long story short he is refusing to do the work for the quoted price and is also refusing to return our deposit. 

Here is the original email regarding pricing:

"Good morning Mr ******, following the visit to your property, please see the garden requirements below.

Garden requirements:

Remove the existing lawn and carry out the necessary groundworks to level the area then provide blended compost and topsoil followed by seeded turf rolled out which will be professionally laid in both required areas creating a new lawn on both levels.

Cost: 

They cost to carry out the requirements above, including disposal of the old turf is £1500 plus VAT=£1800.

Please note due to materials required for the project a deposit of £650 by account transfer is due prior to commencement of work.

Also following your request to carry out work in the spring this is not a problem however we would request that the lawn be kept relatively short when to avoid additional work and charges to yourself.

The deposit also confirms the booking and can be made by account transfer.

Regards,

*******"

We never agreed to additional costs were something to change his end, and we only paid the deposit because the price was what it was. Any advice anyone can give would be fantastic. 

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you have this cover, call the legal helpline provided by your insurer for professional legal advice. 

the_lunatic_is_in_my_head

Sound like it’s his problem.

Sorry misread edited to say; you can’t force him to do the work so you can hire someone else and reclaim (ultimately sue) the deposit and any extra someone else charges above £1800.

Alternative for the sake of getting it done and staying on good terms is offer to split the difference (£120 extra)  

35har1old

the_lunatic_is_in_my_head said:

Sound like it’s his problem.

Sorry misread edited to say; you can’t force him to do the work so you can hire someone else and reclaim (ultimately sue) the deposit and any extra someone else charges above £1800.

Alternative for the sake of getting it done and staying on good terms is offer to split the difference (£120 extra)  

Why would he be entitled to sue for sums in excess of £1800?

fatbelly

I think splitting the difference is a good move for both sides rather than getting involved in legal action where both sides lose money. On balance, though, I think you may have to accept that the price genuinely just went up. That email doesn't sound like a scammer.

He should have been clearer in his email if he wanted the deposit to be non-refundable

Also, the line 'your request...' does indicate that the agreement was some way ahead of the actual work, so there is the possibility of things changing, and it does refer to additional charges.

Again, it is in his own interest to be clearer about this in future.

sheenas

I would rather take the view that as the contractor has   Breached the contract by not honouring the quote and should give you a full refund. Had it been an estimate then the contractor would be entitled to keep the deposit.

kimwp

From his point of view, the cost of doing the job went up because the cost of the materials went up.

From your point of view, the cost should be the original quote.

It's now more expensive for the job to be done - the question is, do you want the job doing or is it too expensive to have it done?

red_boots2

What was his reasoning for not being able to get loose soil anymore? It's really easy to get hold of.

the_lunatic_is_in_my_head

35har1old said:

the_lunatic_is_in_my_head said:

Sound like it’s his problem.

Sorry misread edited to say; you can’t force him to do the work so you can hire someone else and reclaim (ultimately sue) the deposit and any extra someone else charges above £1800.

Alternative for the sake of getting it done and staying on good terms is offer to split the difference (£120 extra)  

Why would he be entitled to sue for sums in excess of £1800?

Party suffering the breach is entitled to be in the position they would have had been in had the breach not occurred, i.e one way or the other OP is entitled to the job done for £1800  

Silver_Shark

From internet:

A quote is a legally binding, fixed price for a specific job or service, while an estimate is a rough, approximate cost based on a preliminary assessment.

born_again

As deposit was to buy items. Then OP could say fair enough. Provide me with the goods bought & cancel the job.
As we know they can not keep money & goods they have bought.