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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We asked a firm quote to do some concrete steps, including

Customer Question

We asked a firm for a quote to do some concrete steps, including plaster, colour tint to match existing concrete and guide lights.
The first quote was $17,000 (roughly) He showed it to us on paper, we said thats gone up significantly since the last quote can you sharpen that. They came back with a quote for $12,000 and stated he'd removed the allowance for plaster. - and it was an estimate. I asked what an estimate was he said it can work out 10% more or less than the estimated price given. They started the job and they left out the tint and left out the lights. When asked why he said you asked me to sharpen my pencil. This was never discussed verbally and I assumed the plaster was the only thing they removed as there was nothing in writing. They then sent us the bill for the original quote (which I didn't keep a copy of or sign as we refused it at the time). Where do we stand here? How should we proceed and what does a unsigned estimate mean legally?
Appreciate your help.
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.
If he gave an estimate of $12,000 which excluded plaster, but didn't mention the tint, previously discussed, then he is stuck with that, plus or minus the 10%. In addition, the lack of the tint should also affect this. So I suggest you offer what the estimate was, less the value of the tint, as a final offer to settle. If he refuses then you will need to go to the Disputes Tribunal
Expert:  Chris The Lawyer replied 8 months ago.
It doesn't matter if the estimate wasn't signed, as he prepared this, and is bound by this.

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