When our extension was completed we were presented with a list of extras totalling £5,000. Many had not been discussed and were a complete surprise. Before the job started we arranged with the builder that all extras would be talked over and agreed. Where do I stand? JB, Thame, Oxfordshire
If you asked for a “quote” rather than an “estimate” the builder has to stick to that sum, even if the job ends up costing more – unless any unforeseen costs are agreed with you beforehand.
Nitin Khandhia, partner in the civil litigation and dispute resolution department at BTMK Solicitors, says: “Ultimately all works have to be governed by an agreement, or a contract, which can be verbal (not advisable) or in writing (always preferable). If you have asked for works to be done but you and the contractor did not agree a price, then a court could be asked to assess what might be a reasonable sum for those works. If the extras were not requested at all, or were not discussed as agreed, then there is no liability to pay for those works.”
You should put in writing to the builder that you dispute the final bill and clarify what you are prepared to pay, and you can send a cheque for that sum declaring it a full and final settlement. The builder may decide to take court action to recover the outstanding amount, which is why you should always insist on agreements – including those made after the original contract was accepted – in writing so that it’s not your word against a trader’s.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
