Hello,I have signed a contract with a bathroom renovator to renovate 3 bathrooms & a laundry. they have already completed 2 bathrooms, and when they were about to begin the third bathroom they told me they would need to replace the floor and it would cost an additional $4000 to our contract price.When I asked why they did not tell me about this when they originally quoted they said the guy who quoted should have got under our house to make sure the floor was ok, but he was negligent and did not do that, and so they under-quoted. The guy who quoted has since been sacked by the company. I feel that that they had the opportunity to scope the bathroom floor condition before finalising their quote and signing us up, but they did not do that so the underquote is their issue.I'm prepared to pay half of the additional $4000, and share the costs with the renovator, but he is insisting he can add it on as a 'variation' to the contract and that I have to pay the whole $4000.What are my rights in this situation and what should I do?
I rang Fair Trading and they told me I should ask the renovator where in our contract it states they are entitled to add variations on when they should have included it in their original quote. I did this and he did not answer the question.
Fair Trading then told me I should write to the coy, saying that I am prepared to pay 1/2 the $4000, and giving them a date by which they should reply. I have not done this yet because I'm really concerned about getting the coy owner offside.
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Thank you - can I ask in relation to the following part of your reply - 'If you were given a fixed price and you accept that quotation, they cannot amend it unless the contract allows them to do so' -what the contract states is: 'The contract price may vary in accordance with contract conditions'. Within the contract conditions please see attached highlighted section in Part 3 - does seeing this change any advice you have given? (I have tried to upload the contract conditions but not sure if it worked) - thanks
The contract conditions state that the contract can be varied, 'by agreement by both parties'. Clearly here, both parties are not in agreement to the change in price.
It also states: 'the contract price includes all matters that could be reasonably expected to be necessary for the completion of the work' which in my view would include the floor replacement since that was identified by a 5 minute inspection by the project manager (who then told me it needed to be replaced and that it would cost an addtional $4k).
BTW - your attachment function is not working - I tried to attach a copy of the contract conditions but you have not recieved them so something is not working.
Thanks for your help, Wendy
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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