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AIBU?

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Contract advice

9 replies

Rainbow1612 · 04/08/2023 08:29

Posting here for traffic

Can anyone explain what this statement means in a building contract please.

'The Contractor will not be reimbursed for any expenses incurred in connection with providing
the Services of this Contract'

OP posts:
ChazsBrilliantAttitude · 04/08/2023 08:35

Without seeing the whole contract it is almost impossible to be certain.

A plain reading could be that the price being paid is inclusive of all costs (an all-in price) so no additional amounts can be claimed.

As I say it really will depend on what the rest of the agreement says.

Nopenopenopenopenopenope · 04/08/2023 08:37

Just sounds like they're explicitly stating that the contractor won't bill you for expenses like their lunch, travel etc. Just the work/materials presumably already quoted for.

jeaux90 · 04/08/2023 08:38

It means no travel or expenses will be reimbursed.

Rainbow1612 · 04/08/2023 09:21

We were given a set price but they are now trying to charge more for an issue that they have actually caused. It's unfair and doesn't make sense.
We don't have the money to give them. We took out a loan to do this work and do no have the extra so we are now in a stalemate.

OP posts:
ChazsBrilliantAttitude · 04/08/2023 09:55

You might be better posting on the Legal board or getting this moved.

If the scope of the work has changed then it is potentially reasonable for them to want to discuss the price. However, if the problem is due to their negligence or lack of skill / lack of care then you may have an argument that they should rectify at their expense.

Without knowing the facts it’s hard for anyone to give you more than a very general answer.

Nodramabanana · 04/08/2023 09:57

This will be, like others say, expenses related to the original scope of work. The question is whether the additional work you mention is actually within that scope or something seperate. Additional work won't be an expense of delivering the contract.

DNLove · 04/08/2023 10:02

It depends on what you mean by "caused by them". Were they removing a wall and identified an underlying issue no one could have been aware off? Or did they drive a forklift into side of your house?
Either way you should always have a contingency fund for any building work that is being done. There is always extra charges /costs for things not considered in the original contracted amount. E. G. Identification of dry rot, missing support beams, that no one will know about until the later start to be peeled back in the house.

Rainbow1612 · 04/08/2023 15:14

They installed something incorrectly which now makes the next bit more difficult. It's too late to rectify it.
They are trying to charge us for the extra time it will now take even though it is their fault.

OP posts:
jeaux90 · 04/08/2023 18:24

OP was the installation part of the prerequisites for them to do before you can do your work? Is this on a legal statement of work?

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