South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 7 minutes by:
3/22/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,767
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

Ask Your Own South Africa Law Question
Customer reply replied 1 month 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 1 month 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: 2,767
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
Ask your own question now
Customer reply replied 1 month 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

Ask Your Own South Africa Law Question
Was this answer helpful?
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,767
2,767 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,767 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,248 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

169 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
Me and my wife we had issues since our marriage in 2013 and
Me and my wife we had issues since our marriage in 2013 and trust between us is at all time low. There seems no realistic prospect of resolving however we don't want to give up yet. Now the biggest pr… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
About a week ago I was stuck in a parking lot. Their payment
Hi. About a week ago I was stuck in a parking lot. Their payment system did not work since it was on a new credit card system. I tried paying at two different booths with no success. I got irritated a… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I would like to know what would happen if I was arrested in
I would like to know what would happen if I was arrested in another country and either fined , deported or incarcerated . What would happen on my return to South Africa… read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
Our company imports and distributes CCTV equipment through
Our company imports and distributes CCTV equipment through resellers and installers. Should we be registered with PSIRA? … read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
I built a Granny flat on my daughter's property what are my
I built a Granny flat on my daughter's property what are my rights when she sells? … read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
Sorry, I did not notice that the site is in USA, I am in
Sorry, I did not notice that the site is in USA, I am in South Africa … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I I am in South Africa. I own a small company (registered as
Good day. I I am in South Africa. I own a small company (registered as PTY Ltd) which I want to relocate to new premises. The new lease agreement requires that I sign surety in my personal capacity. I… read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
I just sent you my legal question. Kind Regards. I am in
hi, i just sent you my legal question. Kind Regards Ryan … read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
The bus is register to my mom name then my mother pass away
The bus is register to my mom name then my mother pass away the is no agreement writen down must Igive the back to THE company or keep it … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Is it legally binding for a MINORITY 40% beneficiary of a
Is it legally binding for a MINORITY 40% beneficiary of a PROPERTY OWNING TRUST to GIVE VERBAL INSTRUCTIONS to 2 Trustees (newly appointed) as to what they must do with the remaining 60% beneficial en… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I need some advice please! I have had a bond with ABSA since
Hi, I need some advice please! I have had a bond with ABSA since 2008 and in 2010 I defaulted but paid all the monies owed plus the interest and have not missed a payment since. I am now informed that… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
Is it legal for rent to own vehicle rental company to
Is it legal for rent to own vehicle rental company to collect a vehicle at your workplace without any kind of notice … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Is it correct for the bank to include legal fees and my bond
second opinion] Is it correct for the bank to include legal fees and my bond account and the get a judgment against me on the amount that is not actual arrears?… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
If an employee is retrenched after 29 years of excellence in
If an employee is retrenched after 29 years of excellence in several leadership roles , according to his work contract if he had joined the company before 1994 January would his medical health insuran… read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
Is a man allowed to marry unbder the civil law and customary
Hi. Is a man allowed to marry unbder the civil law and customary law. The man is married to his wife under civi law and wants to take a second wife under customary law with the permission of his first… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
Is it correct for the bank to include legal fees and my bond
Is it correct for the bank to include legal fees and my bond account and the get a judgment against me on the amount that is not actual arrears?… read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
I have a few questions about real estate law and the estate
Hi. I have a few questions about real estate law and the estate agency board … read more
Freddie Lombard
Freddie Lombard
Attorney
2,767 satisfied customers
The bank has obtained a judgment against me on my house but
The bank has obtained a judgment against me on my house but I can be able to pay errors, is it possible that the bank can reinstate the contract? … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x