Company wants to increase price of quote

karenestelle on 01/03/2017 - 16:38

Hi

I accepted a quote for bathroom repairs. The Manager of the company came and gave me a quotation to take up the tiles and re-waterproof the floor and one row of tiled area. He indicated the process which included them removing the shower screen and re-installing. The quote specifically indicates reinstallation of the shower screen. I paid $500 deposit as per their rules and today when they are supposed to commence the job the man tells me he can't remove the screen himself as he may break it so he needs to get a specialist company to do this. I rang the company and the man told me this is a semi-frameless screen so it needs someone more specialized to remove it which will cost me an extra $220. I am not sure where I stand and I indicated to him that charge was not shown on the quote. He apologised and said the man quoting must have missed this. Where do I stand legally?

Home & Garden

Comments

  • bargain ogre on 01/03/2017 - 16:50
    +3

    If it's a quote, not a contract… then there's probably not much to do. If you chose not to accept the revised quote, they should refund your deposit without penalty.

    What would have happened if they pulled up the tiles and found extensive rot requiring more work than anticipated?

    It's obviously their fault for not quoting step 1 in the process, but I don't think you can hold them to a quotation. They've alerted you to the problem prior to work commencing.

    • Hellfire on 01/03/2017 - 16:56
      +2

      They should have known that the installer couldn't remove the shower screen when quoting. It is easily visible and not hidden beneath tiles. But I don't think they can be held to the quote.

      The OP should be entitled to a refund if he doesn't accept the revised quote.

      • aussieprepper on 01/03/2017 - 19:22
        +1

        Many time the person doing the quotes isn't a qualified in the technical side and would over look some thing like this. So basically they may not be a Plumber or waterproofer.

  • karenestelle on 01/03/2017 - 17:24
    +3

    The paperwork actually says quotation/contract. I feel that when they accepted my $500 deposit it would then be a contract? It is not as if they didn't see the job before they quoted. I understand under the terms and conditions it states I'll be up for extra money if they discover damage when taking up the tiles.

    • cloudy on 01/03/2017 - 18:57

      I reckon, and I'm no lawyer, once u pay the deposit, it's a contract.

      I mean, look at it the other way, after you paid the deposit, if you tried to get out of the deal, you'll lose the $500. Consequences should run both ways.

      • YoureWrong on 05/03/2020 - 12:45

        You're correct it is a legal contract

    • YoureWrong on 05/03/2020 - 12:44

      You're wrong a written quote (forms a legal offer) and an acceptance by other party forms a legal acceptance, resulting in a legal contract which is enforceable at The Contract Review Board

  • Gunther on 01/03/2017 - 17:29
    +4

    Contract was formed when the money was paid (consideration).

    https://en.wikipedia.org/wiki/Consideration

    Legally, their business should wear the additional cost.

  • bobbified on 01/03/2017 - 18:25

    As others have said, if you're not happy with the new quote, you would be entitled to a refund. (But that "entitlement" is in theory only - whether that actually happens or not is a different story or you could be made to jump through hoops to get it).

    You could try to negotiate with them to get it down a little. When I say "negotiate", I mean do it nicely and don't try to force it.

    I definitely wouldn't be trying to have an argument or trying to shove "your legal rights" in their face right now. They're already holding your $500 and you don't want to piss them off if you want to see your money again. Also, if you piss them off now, you may be in for some shoddy work.

    Keep these things in mind when you speak to them again.

    • YoureWrong on 05/03/2020 - 12:48

      Wrong there are 6 essential elements to forming a legal contract and although valuable consideration is one of those elements…, the contract would have given specific details about payment…, and how can he make payment if the terms keep chsnging

  • garetz on 01/03/2017 - 21:42
    +2

    You should never pay more than the quoted amount, thats the whole reason you get a quote, so you can agree or not to agree with what they are charging.

    If they try to charge you more later, you just say no, we have an agreed upon price, if you dont like it, give me back my deposit, and ill find someone else.

  • karenestelle on 02/03/2017 - 15:50

    Thanks everyone for your advice. I telephoned them today to sort out something regarding our tiles but I didn't mention the shower screen. They telephoned back this afternoon and didn't mention any extra charge and will start the job tomorrow. At the end of the day I guess I would have still used this company if they'd said the extra charge in the beginning so I'll just go with the flow and see what happens at the end. They have been recommended to me by a couple of tradesmen so I'm still happy to use them.
    Thanks

    • ATTS on 02/03/2017 - 17:01

      Could you let us know how you go with that company?

      curious to know if they mention the extra charge for the shower screen or not at the end of the job

      thanks

  • [Deactivated] on 07/03/2017 - 04:43

    And the outcome was……?

  • karenestelle on 07/03/2017 - 05:33

    It's a slow process. Job won't be completed till middle of next week.

  • karenestelle on 15/03/2017 - 09:52
    +1

    Thought I'd update my situation. It's two weeks since they started the job. Yesterday was supposed to be the final day with the re-installation of the shower screen. Their contractor tried to fit it back but there was a gap of approximately 8 mm which I indicated I wasn't happy with. He asked if it had been like that when they took it out. It certainly had not been. He contacted his boss who arranged for a specialist shower screen company to see if they can do anything to make it fit properly. Company indicated we may have to pay for a new screen. Tonight the specialist will advise us. Incidentally I have already been invoiced the original quoted price less the $500 deposit. I'm not paying yet as it is not finalised. I'm not happy about having to pay for a new screen if they can't sort it out. The quote did include re-installation of the screen which is possible with a gap☹️

  • Christy Bambi on 15/03/2017 - 18:47

    May i ask what the total price was for the job and explicitly what the job was?

  • karenestelle on 16/03/2017 - 03:40

    Total price was $2090 to remove base of shower and one row of tiles, apply 3 layers of waterproofing. Quote included re-tiling and re-installation of the shower screen. We provided the tiles.
    Update - The specialist shower screen company inspected the job and indicated he can fix it but has to remove one sheet of glass and replace something that has become adrift between glass and frame on one piece. He commented that this company gets their guys to remove screens and time and time again they are called in to fix up when they've stuffed up. He asked me if I want him to come back to fix it but there will be a charge. I told him I don't consider I should be the one paying as I have a contract that states the screen will be re-installed so he needs to discuss the situation​ with them and get their approval. The screen was in good condition before their contractor removed it. I'm now waiting for the bathroom renovation company to further advise me today. I might add this company has been in business over 16 years and is well known for fixing bathroom leaks the proper way not a cheap fix of just a coating for a quick fix.

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