Urgent. when does a quote become legally binding

[ForTheLoveOfDoughnuts]

Really need some advice.

When does a quote become legally binding? I've had a few quotes from builders for work that I need doing on my house.

When I've gone back to one of them to say I'm going with someone else he's lost his shit with me and is threatening legal action. This obviously means I don't want him to do the work even more but I'm also concerned as to whether I've done something wrong.

Works needed doing and rough idea of when but I didn't confirm I was going ahead. I don't feel I confirmed going ahead. Haven't signed anything or paid a deposit.
Where do I stand?

[icannotremember]

This Citizen's Advice page may be relevant to you op?

[ciderhouserules]

There is a difference between and Quote and an Estimate - builders are very careful to Estimate, and it should say this on the top of the Estimate. A Quote is more legally binding (As in, the final figure WILL BE that Quoted) whereas an estimate is more 'in the region of £...'

But any Estimate/Quote is not binding to you. You didn't even need to tell the other builder that you are not using him.

[Thisonewilldo]

There is no contract here - wish him luck with his legal proceedings. He will get nowhere.

He is just trying to intimidate you.

[StoppinBy]

@veggie why would it be rude for people not to call and tell you that they will not be going ahead with you? Would you not assume that once the quote is written up that you will hear from them if they are interested and just go on with life as normal if you don't hear from them?

Quoting is a fact of life for most trades people, it's part of the job, usually done for free, you win some and you lose some. If you went no further than having the quote done then you have no obligations to the tradie, not even obligated to let them know you will be using someone else.

[ForTheLoveOfDoughnuts]

Thank you all. I'm mostly sure he's trying his luck but I just want to check.

He hadn't asked for a deposit so surely can't have thought the job was in the bag?

I'm going back through all of our communication to make sure nothing could be interpreted as me saying I was agreeing to his quote.

The work start date I gave was roughly end of January so surely I can still cancel(if I had said yes). His quote/estimate has no terms and conditions. So nothing to help on there

[FishesaPlenty]

No its isn't - consideration needs to have passed between the two parties for a contract to have been formed.

Utter bollocks. Consideration has to have been agreed, that's all. Or do you think that all contracts have to be paid for in advance?

Why do people with no legal knowledge post on threads like this? Quite.

[thecatsthecats]

Some men turn like this because it actually succeeds in getting them business.

When I bought my first car, I got a pushy call from the guy selling about the time he'd spent, needing to know my answer etc. It wasn't your standard sales patter either, it was really aggressive and demanding in tone.

It was a nice little car at an ok price, so I did go for it, but now I'd have told him to eff off. Unfortunately, on some people - young and less robust me for one - these tactics work.

[LemonGirl]

Maybe because you discussed dates he thought it was a deal but that's his misunderstanding.
A quote is like a bidfor business. It's expected that people have several quotes before deciding.
I don't think you've done anything wrong.

So if you had not contacted him to say you were going elsewhere would he have just turned up one day???

[DobbinsVeil]

I wouldn't spend any more energy on it. He sounds a bit desperate for work, but that's not your problem. I would really only contact the one you want to go ahead with and just forget about any other quotes you've had.

[3tubsofsignificance]

Utter bollocks. Consideration has to have been agreed, that's all

That promise is a 'thing of value' though...sigh

Why do people with no legal knowledge post on threads like this?

^again

[BonfiresOfInsanity]

I do quotes all the time but until I have a signed agreement in place I don't assume I have the job.

For the PP commenting about not responding to let someone know you're not going with them, it's really just common courtesy as someone has spent time coming to your house and then likely many hours working up a price and writing to you. Also, it allows people to project plan. I always appreciate when someone lets me know they are going elsewhere as I can set that job aside rather than wondering if they'll come back in a month and expect to start straight away (as is usually the case!).

[disappointedyetagain]

I had this with a builder. I used someone else but others had problems further down the line with him.

Do not go with him. If he's like this over a quote, what will he be like if something goes wrong?

[MaddieElla]

Husband is a builder/joiner. Yes it takes time to prepare quotations, get prices for materials etc. But a job is not secured until the person pays a deposit (stated on quotation). This secures the start date for the customer and enables him to buy materials.

He would never assume he has the work until a deposit is paid. Nor should a customer assume their preferred start date is a given until they have paid their deposit.

[Missingstreetlife]

No obligation, if he doesn't like it he can charge for quotes in future.
Only get back to the person you want to do the job, if the others seem ok keep in reserve in case of problem, for future reference

[thedancingbear]

^If you've accepted the quote and agreed that he will do the work, then that would be a legally binding contract

No its isn't - consideration needs to have passed between the two parties for a contract to have been formed.

Why do people with no legal knowledge post on threads like this?^

Genuine lolz. I'm a 14 years' pqe lawyer and head of department at a City firm.

Consideration needs to be stipulated but it doesn't need to have passed between the parties for a valid contract. It's trivial here because it's obvious there would be consideration on both sides - some money, and some building work, respectively.

[FishesaPlenty]

That promise is a 'thing of value' though...sigh

Sigh. You were responding to: "Unless you verbally agreed with him that he would be doing the word, he doesn't have a leg to stand on"

You said "No - this isn't the case! Unless consideration (i.e. something of value) has passed, there is no contract."

You contradicted the assertion that a contract would have been formed by accepting the quote and agreeing for the work to be carried out. You then contradict yourself by saying that a contract would have been formed if the quote had been accepted (promise of consideration).

You can't have it both ways. Accepting a quote (i.e. promising to pay for work to be carried out) forms a contract.

[CottonSock]

Lucky escape, what an arse.

[Xenia]

There are a lot of comments on this read which wrongly describe English law and there are hundreds of English law cases over this difficult issue.

Accepting the quote forms the contract. So eg I am really careful about this. I will say the cost will be X. If you want me to go ahead let me know. Only when they say yet go ahead do we have a contract and I can proceed sure in the knowledge I will be paid.

So it is very important to make it clear to traders and indeed email them this if you can such as saying - thank you for your quote. i will consider whom I am going to choose and get back to you in due course. Or else - thanks for the quote, please go ahead as I am proceeding with you.

[ilovecherries]

We had this with someone who quoted for a kitchen. He was then really horrible that we refused to sign there and then, I told him we were seeing other people and would confirm within 48 hours. When I emailed him to say we’d decided not to go ahead with him, but we’d appreciated his interest etc etc, he went apeshit. Called me a tyre kicking bitch and threatened us with small claims. Lucky escape. I pitch for work all the time. You win some, you lose some. It’s disappointing but I’m always appreciative of the ones who actually tell me a clear no, rather than leave me hanging.

[Bigonesmallone3]

Don't worry and tell him to do one..
Good thing you didn't use him! Imagine his reaction if you had any issues with work along the way!!

[HollowTalk]

Can you tell us what exactly happened?

You have work that needs doing. You asked a number of people to give you a quote. Now this guy is demanding that he does the work? Is that what's happening?

[nojellybabies]

could all the law students on this thread just read Xenia's post please.

She knows whereof she speaks.

[snowbear66]

If you did not accept in writing then he has no proof of your acceptance of the quote.
In a court of law, how could he prove that you accepted without that?

[thedancingbear]

Yup, Xenia's account of the position is perfect.

[Awwlookatmybabyspider]

Thank God you didn't choose him.
If he was kicking off like that, I can't help thinking hes not genuine. Someone professional or even just a genuine bloke looking to make a few quid would simply say. Okay thanks for letting me know. Yes they might be peeved that they'd lost out on a job, but That's a conversation you have with your mates down the pub or within the confines of your own four walls.