Any Lawyers out there?. Legal advice needed from fellow Albion fans

[rdigs24]

Hi,
I have a small problem with a Architect I used to submit a planning application. Last October he sent me a printed quote which I accepted and he proceeded to carry out the work I asked for. When this was completed he sent me a invoice for nearly double the quoted amount as he had carried out extra work that I never asked to be done and was never mentioned to me by him. I paid the full amount as quoted originally and sent a letter querying the extra amount. He is now threatening to take me to the small claims court over the extra charge (which is £550). Is he trying it on? I have all the original paperwork/quotes he sent me but any help would be appreciated to let me know who is in the wrong.
Thanks

 

[nail-Z]

I'm no lawyer, but a quote is just that. An indication of the likely cost. However, I would expect some sort of communication if the quote was not an accurate reflection of the cost, before such expenses were incurred.

 

[LadySeagull]

I'm not a lawyer, but I reckon:

An estimate is an indication of the likely cost.

A quotation is (or should be) an exact costing, with anything extra to be negotiated clearly beforehand.

'A quote'? What did you and he understand that to mean?

 

[ifightbears]

You might want to ring your local and just see what they say on the phone. Alternatively try ringing a quantity surveyor as they have to be smart on that kinda stuff. Phone and hope you get a helpful person, if not, then so be it.

 

[Westdene Seagull]

Hi,
I have a small problem with a Architect I used to submit a planning application. Last October he sent me a printed quote which I accepted and he proceeded to carry out the work I asked for. When this was completed he sent me a invoice for nearly double the quoted amount as he had carried out extra work that I never asked to be done and was never mentioned to me by him. I paid the full amount as quoted originally and sent a letter querying the extra amount. He is now threatening to take me to the small claims court over the extra charge (which is £550). Is he trying it on? I have all the original paperwork/quotes he sent me but any help would be appreciated to let me know who is in the wrong.
Thanks

Assuming you really did have a quote rather than an estimate and that there wasn't a clause in the contract you had with him allowing him to add extras without getting your OK first I'd tell him to swivel.

Let him take you to court. He'll have to justify the extras to a judge. You won't need a solicitor as the point of small claims is that people represent themselves. He'll struggle to justify the extra £550 for taking you to court given the true cost is around £85 if memory serves me correctly.

I had a similar experience with Blockbusters a while ago ( the drain clearers not the video people ! ). They didn't do a good job and they added loads of extras. I refused to pay, they threatened to take me to court. I spoke to a magistrate friend who asked the following basic questions :

> Were you happy with their work - no
> Did you know about the extras - no

His advise ? Tell them to take you to court if they want to. I never heard from them again when I told them that !!!!

There's 4 outcomes really :

1. He gives up because he sees you're not intimidated

2. You go to court and the judge throws out his claim

3. You go to court and the judge partly awards against you

4. You go to court and the judge awards completely against you

Options 1 and 2 ( the most likely ) cost you nothing. Option 3 will cost you a percentage of the extra charges and reasonable charges for taking you to court ( £550 IMHO are not reasonable). With option 4 you would have to pay all his bill and reasonable charges for taking you to court.

In effect all you're really gambling with is £85 ( or whatever it costs to take the case all the way ). Your call really but I know which way I would take it and being bullied into paying extra isn't it.

 

[dragonred]

as a solicitor I can confirm what Westdene Seagull says is spot on - in fact I couldn't have put it better myself and I get paid to give that type of advice. If the job is fixed price and you are sure you didn't agree any 'extras' either verbally or in writing, then he's on shaky grounds with this one. This is a classic 1 hour semi-informal hearing at Court (well in the local DJ's chambers) and if you are happy to go along and argue your corner you'll have a decent chance of success. Good luck.

 

[bennibenj]

Hi,
I have a small problem with a Architect I used to submit a planning application. Last October he sent me a printed quote which I accepted and he proceeded to carry out the work I asked for. When this was completed he sent me a invoice for nearly double the quoted amount as he had carried out extra work that I never asked to be done and was never mentioned to me by him. I paid the full amount as quoted originally and sent a letter querying the extra amount. He is now threatening to take me to the small claims court over the extra charge (which is £550). Is he trying it on? I have all the original paperwork/quotes he sent me but any help would be appreciated to let me know who is in the wrong.
Thanks

Let him take you to court imo, if written quote, let him suck on it. Could also try consumer direct for free advise.

Had a similar prob with MFI when they fitted my kitchen, £900 extra for fitting of extra elec stuff etc etc, was quoted £120. didnt pay a penny more then what i was quoted.

 

[WildWood]

Jamie him.......

 

[rdigs24]

Thanks for your advice which has put my mind at rest. I'm going to see what his response is when I put to him the points yourself and Westdene have mentioned.
Thanks again
Richard

 

[Nibble]

Can I just add, send him a recorded letter stating that you will have no more correspondence unless it is through his solicitor and that you are happy for him to take you to court. The idea of the cost of getting a solicitor to send letters to you usually puts chancers off the whole idea.

 

[Arun1664]

Presumably you have a contract with this individual/firm which you and they have signed, you may want to check it for some language about about additional/out of scope work. If it does not address such a circumstance then you are in a strong position i would think.
A question that may get raised is were you aware of the additional work being undertaken and what was your expectation of cost at the time. From what you have said the obligation is on them to advise you before commencing work, but I would guess if it goes to court they would try to show you have (maybe by implication) authorised the work.
£500 makes it hard to justify a solicitor but you should do your homework (maybe you have).

 

[deletebeepbeepbeep]

Check if your original quote was fixed fee or estimate. I'm not a lawyer but work for a law firm and we have to update the client as soon as it looks like we might need to up the estimate.

If we fail to do that we never bill over a fixed fee, we might bill over an estimate fee but with clear reason why we went over.

 

[Bold Seagull]

Thanks for your advice which has put my mind at rest. I'm going to see what his response is when I put to him the points yourself and Westdene have mentioned.
Thanks again
Richard

I'm a chartered architect, and if your 'architect' is a fully fledged architect i.e. registered with the Architects Registration Board, and/or a chartered architect member of the RIBA, you can take up you concern with them, and they can contact your architect on your behalf. This might be a response from you to ask for either your architects ARB or RIBA no.s and say you would like to take the matter up with them for more guidance.

If your architect has called themselves an 'architect' by title and they are not registered with the ARB, then they are breaking the law as 'architect' is a protected title under legislation.

Normally an architect will never undertake additional work to the quoted fee unless this is expressly agreed with the client. I will for example have a fee for a planning application, however if the planners want visual renders, or I'm needed to attend a planning committee, these would be extra costs, but these would be outlined in the agreement letter, and prior to attending or undertaking the additional work, I'd write to the client to get their permission to do so.

I would also list expenses as extras such as travel and printing, and exclusions from my fee such as the local authorities application fee, fee's for OS plans etc.

If none of these were indicated or outlined in the appointment letter, then it would appear that they have a weak case against you for the extra fee's.

 

[Bold Seagull]

Can I just add, send him a recorded letter stating that you will have no more correspondence unless it is through his solicitor and that you are happy for him to take you to court. The idea of the cost of getting a solicitor to send letters to you usually puts chancers off the whole idea.

You cannot force someone to write to you through a solicitor. You can start small claims proceedings yourself online, and attend court in person to either defend or put a case forward. Your letter would only be an empty threat.

 

[GreersElbow]

Quotes are generally there for an estimated guess, as i'm sure you're aware. Any additional charges have to be informed in writing and consented by you before these charges can be issued. If he goes to the county court with this case, he'd be thrown out for failing to negotiate an agreement. You clearly have entered informal negotiation via querying the additional charges. I'm not a lawyer, only have small civil law knowledge through A-level law so I'm certain there's more to this. I would recommend contacting ACAS.