Contractor doubled quote after we accepted it

[Moonflowered]

Short version - As the title says, a contractor quoted for some work on our house as part of kitchen renovation. He quoted off the plans, we (foolishly) agreed the price by email, but now he says he can't do the work without very expensive extra work. Are we committed to paying for the work we'd originally agreed/is he committed to delivering it even though he says it's undeliverable?

Long version...

The contractor was introduced to us as part of the renovation process via the kitchen company. The price he quoted (based on plans only, he wouldn't come out to see the house because in his words "I've been fitting floors a long time") was roughly in line with what we'd expected so we accepted the quote. The kitchen firm had surveyed the kitchen so we thought they, as experts with 30 years experience in kitchens, would have picked up on any challenges and informed their recommended suppliers. In retrospect this was stupid I know, but we'd paid extra for the convenience of having the work coordinated by the kitchen firm and we thought that meant we could trust them to, well, coordinate the work.

When he came to start work, the floor guy saw the kitchen himself for the first time and decided the floor needed extra work. The floor slopes a bit so he said it needed to be levelled. Two weeks later we've finally got the additional quote which nearly doubles the cost of the already expensive floor. He hasn't done any work yet but the kitchen has been fitted on blocks where it slopes (anticipating the floor being levelled) so we kind of have to level it now otherwise part of the kitchen will have a gap around the bottom.

I'm trying to work out where we stand now. We accepted the original quote in writing (by email) but he says he can't deliver that without billing us a significant amount of extra work. Can he make us pay for the original quote even if we can't afford the extra work and have to go for a cheaper floor? Can we hold him to his original quote on the basis that he should have driven the 10 minutes to take a look?

If the original quote for flooring of one room had come in at this amount I would have said no and looked for another option before we started the work. There's no way this house or project is worth that. Even the original quote was pushing it. But now the goalposts have shifted half way through the project I feel completely shafted and worried he'll still bill us for the original amount.

Why did the units get fitted before the floor was levelled? How would that work when the 'levelling' was being carried out?

Do the plans indicate that the floor is not level? If not then the flooring guy based his quote on the drawings. If the units are in then I can see why they assumed the floor would be level, not sure how they can level it now without removing or damaging the units…

Same question as above really.
Why fit the kitchen before sorting the floor?

In answer to your question. If he can't do the work for the price he quoted you, then yes, he can re-quote. It is entirely up to you whether to go with that quote or shop around.
He shouldn't be out of pocket though, he should be paid for what he does.

Think about it like this, he quoted for job A. You need job B doing but no one knew that. His quote for job A still stands as such, but job A is no longer suitable and not what you need doing. Job B is a different quote. Presumably the kitchen fitters should have picked up the the uneven floor?

How would you be committed to paying for a job that can no longer be done? Or have I misunderstood your question, he can't do the job he originally quoted for so it just won't happen, nothing to pay for

Can he make us pay for the original quote even if we can't afford the extra work and have to go for a cheaper floor? Can we hold him to his original quote on the basis that he should have driven the 10 minutes to take a look?

These don't seem the right questions to me.

If you think this guy is good, surely you have to go ahead & pay the extra, as you need to get the work done?

If you really can't afford it - what are you going to do? Can you choose some cheaper options to bring the overall cost down a little?

I don't think you can be compelled to pay the original quote if it's not achievable without the other work.

How did none of you, including the kitchen company, realise the issue with the floor? And like other posters, why didn't the floor get sorted before the kitchen work?

So I presume that he's a tiler, and that he quoted you to lay tiles. He can still lay the tiles but they will be on a sloping floor. What you should have asked for a quote for was levelling the floor AND laying the tiles. That is the new price he has given you.

A quote if a fixed priced. Legally, he must adhere to the quoted price even if carrying out more work than expected. That is the law.

He May have come back against the kitchen company as they engaged his services and sent him all the plans, which he used to give his legally binding quote for complete long all necessary work. He needs to do the work to the original price, and he can sort the rest out with the kitchen company for not giving him the proper plans.

You even offered for him to come look himself and he chose not to. He chose to quote from the plans. That isn’t your problem.

Although, if his quite said “quote for tiling work only - additional work subject to additional fees” then he has covered himself. If he just quoted X amount for “completing the floor” then he has to complete the whole job at that price.

Why do people spout so much bollocks?! This is not the case.

Realistically, there is no real way you could compel him to perform the work at the quoted price. He won't do it at a loss. So your options are essentially to accept his revised quote for the additional work, or find an alternative contractor who may be able to do it more cheaply.

Could you level it yourself? We levelled our kitchen, porch, pantry and toilet using self-levelling compound. It went pretty well and saved us £75/sq.m.

Not bollocks. Consumer law. The kitchen company are coordinating it. The kitchen company put the units on blocks, showing they knew it was sloped and that it was going to be levelled. They sent the job specs to the floor guy. The floor guy gave a quote. If that quote is properly itemised and does not mention levelling the floor, then the OP should have noticed that at the time and questioned it because then it would be extra work at an extra charge. If the floor guy did not itemise and just give a quote to compete the work then that’s his own mistake and he is stuck to the legally binding quote.

That’s binding. If your contract is with the kitchen company then they’ll need to find a way to deliver at the quoted price.

@Lifesagamethentheytaketheboardaway

You're completely wrong, sorry!

Her contract isn't with the kitchen company - they just made a recommendation.

Of course the tiler can't be compelled to do additional work he didn't quote for 😂 he could possibly tile the uneven floor but who would be happy with that?

I do think the fact he didn't visit is odd, but regardless he's not going to absorb a massive cost like that.

@Lifesagamethentheytaketheboardaway You are competely inaccurate. And misleading the OP. Please share what clause of section of consumer law you base this on?

It's basic contract law.

We have also had uneven floors which we DIY’d ourselves using self levelling compound.

Perhaps go for a separate quote from someone who does this a lot.

If you can’t afford his increase you need to tell him. I think the change in circumstances (uneven floor), introduces a natural breakpoint, where negotiations need to start again.

If he quoted to "tile the floor", you can't expect him to "level the floor" and "tile the floor" for the same price.

I think your options are to pay him extra to level the floor before then paying him to tile the floor as quoted, or pay someone else to level the floor before then paying him to tile the floor as quoted.

We had LVT laid, the prep work (plywood, levelling) cost more than the cost of actually laying the floor. In fact overall I would say the breakdown was 50% prep (inc materials), 25% laying, 25% cost of LVT.

He can’t call this a genuine mistake in the quote. The kitchen company provided the specs, and they put the new units on blocks. The specs would include that. If they don’t, then you can come back on them to sort this out as you have paid them to coordinate and deal with the specs. He also refused to opportunity to come and look for himself.

Is his itemised as only including materials and time for laying a new floor? If it is itemised, then he only needs to carry out the work he listed in the quote.

Or is his quote just a wishy washy “complete the floor” with a lump sum?

If the second, then the quote could fairly have been assumed to include all the necessary works and it is binding. It is up to you if you take action or not, as he could walk away from the job but I would go down the route of having the kitchen company pay the difference as you paid them to coordinate this service and provide him with all the specs; and he is their chosen guy.

What does your contract with the kitchen company say - how have they scoped out the "coordination" that they've charged you extra for?

Not if that information was provided to him when the kitchen company gave him the specs, and not if his quote isn’t itemised to specifically say it is only for laying the floor.

What’s the value of the project?

Have they carried out any works so far?

Was the quote sufficiently broken down - eg downtakings X amount; new level floor X amount; tiling X amount - or was it an overall price with no working?

He should have done a site visit. Get new quotes to see if his is realistic. I put my floor in first when extending the kitchen.

you do know not all contracts are not enforceable. They look at facts and use common sense.

A contract is a legally enforceable agreement between two parties. That is the point of having a contract. When dealing with a consumer contract, any unfair contract terms are unenforceable. But, in general, contracts are enforceable. If one party wishes to escape the contract without fulfilling their side of the bargain, the other party is usually entitled to damages.

A quote is not a contract in and of itself. It would be necessary to look at the communication between OP and the contractor, and the contractor's terms and conditions to determine if there was a contract and, if so, what it covered. It may be, for example, that the levelling work falls outside the initial contract, in which case the contractor is entitled to charge extra for it. Even if the levelling work is covered by the initial contract, OP can't force the contractor to do the work at that price, but she may be able to recover some damages from him.

The contractor clearly isn't entitled to charge the full price for the work if OP cancels. However, if dates have been agreed and he has reserved time for doing the work, he may be entitled to some damages if OP cancels and he is unable to find an alternative job.

A contract is a legally enforceable agreement

But not all agreements are legally enforceable