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Builder has charged me for quotation!

98 replies

Mitosisgirl · 16/11/2020 17:53

Hi all,

We have a three bed semi which we are renovating. It's a small project. No need for planning permission, just building regulations.

We are in a bit of a situation with a builder who gave us a quote. We didn't go for him, as he was too expensive and the quote was wishy washy. He used a quantity surveyor for the quote. He was bitter when we went for someone else and complained about how we used his architect, ideas and that he spent 300 quid on the quantity surveyor. We felt a bit bad and said that we will pay that amount. He just sent us an invoice for 540 quid! We didn't sign anything and weren't told upfront about this cost.

Are we obliged to pay? Do we have a legal leg to stand on?

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Nolie100 · 28/11/2020 14:26

In the end small claims court takes time and effort and I doubt he will take the time. He is almost certainly just trying his luck.

Log and record every correspondence. Keep the text where he admits you are not legally obliged to pay him. I'd be tempted to send a text back saying "As you have stated there is no legal obligation to pay for what was a free quote and I will take this to be the end of the matter."

Hope this does get resolved soon. Flowers

MummytoCSJH · 28/11/2020 15:27

You never asked him to incur costs and nor did he inform you he would require you to pay any incurred cost by quoting. No way. CF!!

gettingolderbutcooler · 28/11/2020 20:29

I think this is a new version of a scam!
A builder would never get a quantity surveyor in!!! My husband is an architect and we have just had our house done. And at no point in the extensive plans we've made would the builder ever do that! Unless youve got a huge business premises? Even then the architect would draw up plans first before a QS was involved.
Sounds like a fed up builder is making a tidy profit from giving quotes!
Bloody cheek.

NoParticularPattern · 28/11/2020 21:38

The only leg he has to stand on is that you offered to pay for the QS in the first place. Sounds like he assumed because you went with that architect (despite said architect being one of many considered and approached) and the layout he suggested (despite him not being the only one to suggest it) that he assumed he had got the job and therefore incurred costs to fully cost it accurately. Perhaps he might learn his lesson that you don’t assume anything in business- everyone has a brain in their head and it’s not entirely unreasonable that two separate people in the same trade or sector might make the same suggestions or recommendations as one another.

He’s acknowledged that you have no legal requirement to pay the costs so I suggest you do as he says and don’t.

Puzzledandpissedoff · 28/11/2020 22:08

No idea why he used a QS for quotes

Are you quite sure he did, or is this simply a way of prising money out of you?

Anyway he's said quite clearly and in writing that there's no legal reason to pay his costs ... so why would you?

Smallgoon · 28/11/2020 22:20

@gettingolderbutcooler

I think this is a new version of a scam! A builder would never get a quantity surveyor in!!! My husband is an architect and we have just had our house done. And at no point in the extensive plans we've made would the builder ever do that! Unless youve got a huge business premises? Even then the architect would draw up plans first before a QS was involved. Sounds like a fed up builder is making a tidy profit from giving quotes! Bloody cheek.
Good money if you can get it!

Don't pay him anything OP!

WB205020 · 28/11/2020 22:42

Do not pay a penny. His ideas weren’t unique if the other builders suggested the same. All he did was put you in touch with an architect who you paid directly for. He is a chancer. Pay nothing.

Mitosisgirl · 29/11/2020 00:19

Thank you all for your contributions. We did pay the architect. There was no mention of a finder's fee. And, other builders did come up with suggestions.

No intention of paying him.

He did use a QS, as he sent us the invoice with the QS's logo and our address as the reference.

He wants money for his time, ideas and contacts.

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Smallgoon · 29/11/2020 00:52

He wants money for his time, ideas and contacts.

Unless you entered into a contract with him, you don't owe him anything.

Mitosisgirl · 07/12/2020 01:59

Hi All, he sent us a text earlier on asking us to pay 300 quid. Choosing to ignore.

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Heyahun · 07/12/2020 02:23

Just block his number now and stop him contacting you - cheeky fucker 🤭😩

Nolie100 · 07/12/2020 04:07

Just a word of warning here. Our builder did the same, sending messages demanding payment. We chose to ignore and he turned up at our house demanding the money! It was quite intimidating.

I'd respond by sending one final message saying that you will not be paying anything and you will take this to be the end of the matter. That way it should be clear where you stand.

I also would not block him, as in our case, our builders increasingly spiteful demands helped us in our evidence file (luckily ours did not get to court).

In the highly unlikely event he will actually file a small claims court claim, you have his text about not being legally obliged to pay. It seems like he is hoping you will relent and pay when you have no need to.

Mitosisgirl · 07/12/2020 09:04

@Heyahun- it's so tempting! 😁

@Nolie100- oh, wow, really? Thanks for letting us know. Better send a message in that case.

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OMGisthisforreal · 07/12/2020 09:25

Firstly, have you asked the Architect for his thoughts and advice? I know he didn’t issue the drawings, but presumably, as the builder recommended you use him, he has regular business dealings with the builder and this simply is not the usual way a builder proceeds with a prospective job. Your Architect should be able to advise you without getting involved with the builder and that will back up what several posters have advised, and give you confidence. The emphasis here is that you were a PROSPECTIVE client and had not entered into any agreement with the builder.
Secondly, Is he registered to a trade organisation by any chance? It would be shown on his letterhead or invoice. You could check with them for the recommended practices.
I understand that through naivety and lack of experience you agreed to his first demand, but you have the right to say you have since reconsidered that decision now you have sought advice.
You really shouldn’t give in to him.

Puzzledandpissedoff · 07/12/2020 09:39

he sent us a text earlier on asking us to pay 300 quid

Translation: they're not going to suck up £540, so let's see if I can get away with less

He'll probably tell you next that he desperately needs it for his DC's Christmas ...

OMGisthisforreal · 07/12/2020 09:43

Oops tapped post before finishing!
You definitely shouldn’t block and ignore, just be consistently firm and explain clearly that you will not be paying for a quote.
Don’t forget, you had no idea he would instruct a QS without getting your approval to pay that fee, how could you?
And don’t use the word ‘sorry’ in any further communication - “I regret to inform you that I have no intention of paying your invoice. You did not at any time state I would have to pay for your quotation and I now consider this matter closed”
Then simply don’t answer or acknowledge any replies or further letters, but keep them to one side. You don’t need to expand or offer any explanation either, just a simple straightforward message is what is needed.
He seems to be attempting to intimidate you and the more you engage, the more he thinks he will be effective.
The more people you speak to about this will convince you that he has no right to demand this fee from you which I think is what you need. Just think about it, if he’d said he was getting a QS involved and expected you to pay, you’d have said no, wait til we decide the scope of work after consulting (his recommended) Architect. He jumped the gun and is now furious with himself, so that’s a price he has to pay, NOT you.

Mitosisgirl · 07/12/2020 09:54

It was a polite text asking for 300. @OMGisthisforreal, I agree. We will send a polite message saying "no". Definitely no sorries. Thanks for the encouragement. Don't want to drag in the architect yet. Let's see how it goes. He is part of the FMB, so I might try that route too. Thank you!

@Puzzledandpissedoff- haha, I think so.

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mothergooseinnorthwest · 07/12/2020 10:01

Our builder used a QS to do the quote. We ended up hiring him but he said up front it was free of charge.

Mitosisgirl · 07/12/2020 11:09

@mothergooseinnorthwest

Wish this guy had been upfront.

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Puzzledandpissedoff · 07/12/2020 11:20

He is part of the FMB, so I might try that route too

Don't bother ... the vast majority of these "quality marks" are paid-for memberships to make the tradesperson look better than they are, and the chances of the client getting much help from them are slim

As with most things being bought, the FMB's interests lie with the people doing the paying

Mitosisgirl · 14/12/2020 08:59

@Puzzledandpissedoff
That's good to know. Will definitely bear that in mind for the future.

Thanks everybody for your help. The builder sent us a text backing down! Smile

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Puzzledandpissedoff · 14/12/2020 11:18

The builder sent us a text backing down!

Thank goodness for that
He didn't stand a hope in hell and no doubt knew it, but at least it saves you the angst of worrying about it

I'm not sure where you sourced him from, but is it possible to leave a (factual) review of some sort?

Mitosisgirl · 19/12/2020 23:06

@Puzzledandpissedoff

The builder sent us a text backing down!

Thank goodness for that
He didn't stand a hope in hell and no doubt knew it, but at least it saves you the angst of worrying about it

I'm not sure where you sourced him from, but is it possible to leave a (factual) review of some sort?

Found him on Google/FB. Since he backed down, I'll be kind and not leave a Google review.
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