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We signed off on a quote & deliverables with a builder &

Hi there...

Hi there We signed off on a quote & deliverables with a builder & have paid him 60% deposit. He has now come back to us, a month later, to say he cannot complete the job for what he quoted & is adding R200k onto building quote and won’t continue until he is paid in full. !!!! He has not completed phase 1 of our agreement, delivered any materials & had his guys in site for 5 days basically doing nothing & has now changed the agreement (T&Cs) in quote completely. Please can you advise on whether you can assist & what the next steps would be? We want to terminate all dealings with this man/company. We are happy to pay what he paid for materials for phase one (slips to be provided) but will need the remainder of our deposit back. I have the signed documents & the new quote he sent through yesterday. Please advise. Kind regards Laura

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

We are in Cape Town, SA

Lawyer's Assistant: What steps have you taken so far?

We sent him a proper building contract that he is refusing to sign & instead sent us a new quote with escalated costs to do less on the building, I’m not sure what to do next?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have the signed quote & agreement & proof of payment for phase 1 which was signed & agreed to 1 month ago &!the new quote he sent yesterday

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Answered in 7 minutes by:
3/22/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

Why did you sign (accept) the new quote if you do not want him to do the work at the escalated price?

By signing the new quote, you created a binding agreement between you and the builder that you would pay him the new, escalated price.

What you should have done was refuse the "new quote" and demand that he honours the original quote.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 4 months ago
We did not sign the new quote? He sent a new quote which we will not sign & no longer want to work with him. How do I get our money back
Customer reply replied 4 months ago
Hi please advise how we terminate our existing contract with this unethical business person & get our money back. No new agreement was signed only the original quote.

OK, sorry for the misunderstanding.

Well then, if you have not accepted the new quote, you can use the new quote as proof that he has repudiated the original agreement. You can then cancel the agreement and demand repayment of your deposit plus you can claim any damages you may suffer. In other words, if you now must get another builder to finish the work, and it costs you more than he initially quoted, then he will have to pay the difference.

Alternatively, you can demand and claim specific performance, ie that he must complete the work for the original contract price. The bad thing is that he might do that, but then do shoddy work and cut corners to try and save money.

So, you first step would be to send him a letter of demand - preferably one written by an attorney) to tell him that his actions (giving a new quote) amounts to repudiation, which repudiation you accept and that you thus regard the contract as cancelled. In the letter you will demand repayment of the deposit and inform him that you will hold him responsible and claim any possible damages you may suffer as a result of his repudiation.

Thereafter, if he does not comply, you will have to issue a summons against him.

Please remember to rate the service positively.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you that was very helpful! I will look for an attorney in Cape Town to assist.
Thanks Laura

Great - good luck.

Please remember to click on the rating stars and rate the answer positively.

Regards

Ask Your Own South Africa Law Question

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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