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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19563
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I signed a contract with someone to build something for me

Resolved Question:

I signed a contract with someone to build something for me to meet the deadline. He however, was not able to make the deadline and ask me for additional sum of money to complete the project. Am i obliged to pay him the additional money?

Please explain to me in legal principles. I would like to do some research about this matter.
Submitted: 9 months ago.
Category: UK Law
Expert:  Stuart J replied 9 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Did you agree that time was of the essence?
Customer: replied 9 months ago.

Yes it was. The timing was very important, because it can result in huge damages that may deprive me of my substantial benefit. I need the thing to complete a major project, which without it my company will suffer huge losses.

Expert:  Stuart J replied 9 months ago.

Why does he want more money to complete the job?

Have you paid?

How much money is involved?

Customer: replied 9 months ago.

He need it to complete the job on time.

Expert:  Stuart J replied 9 months ago.


There is actually case law on this and the answer is quite
convoluted.

An agreement to pay more money can be sufficient consideration if
you derive practical benefit. There must also be no economic duress.



The leading case is Williams v Roffey and Google will give you plenty of reading
however the circumstances are a bit different in that the contractor was
offered more money to get the job completed on time and the extra money that
was offered, was never paid. That is why he sued so it is a bit different than
yours in that in the case I quote they offered money whereas in your case, it
is being demanded.



It is also worth googling Stilk v Myrick which is probably closer
to your scenario.



In your particular case I think you are entitled to rely on the
price that is quoted. In addition, he is demanding money to finish the job
which puts you under pressure.



From a practical point of view, I would agree to pay him what he
is demanding but then don't pay it and let him sue you or, if he will not
finish the work without payment, pay him, wait until the job is finished and
then sue him for the money back on the basis that paid the pressure/duress

 

 

 

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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19563
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you! You are truly amazing! this is the type of answer I was looking for!


 


 


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