Did I need to quote in order to be paid for additional work already done?

[RickJohnJones]

Hi,
a client asked for additional work not included in the original quote. That was completed months ago but:
- before we delivered it they kept changing specs and adding a lot more
- they also kept adding such new features a little bit at the time (not in a single go) so we never had any point the full project scope
- even while carrying out this new work they kept changing the requirements (of said new work) which resulted in me having to keep doing major modifications

He paid the original work months ago when it was almost complete. Recently, I sent the invoice for all additional work - which came to twice as much as the original - he tried not to pay because he says that I was supposed to quote for it months ago when he started asking for additional work and changes to existing one. That was also despite me working crazy hours (sometimes straight through the night and through weekends) while also impacting other work to try to keep this client and all others happy.

I have tried to be reasonable with him because I want to keep a nice relationship and even offered him to pay in instalments. But his suggestion is that:
- he only pays 30% more of the original quote
- I throw away months of work at my expense (i.e. he does not pay for it)
- I do even more work for free to revert the deliverables to his interpretation of the quote which he says include items and functionality which are extremely clearly not included because are not even mentioned in the entire document.

Few questions:
1) according to an email he sent his solicitor says that because I did not requote when he started to ask for additional things to be done, then the maximum he is "required to pay" is only 30% more of the original quote (which did not include any of the new work recently completed). Is it true that I needed to requote?

2) if so is that 30% figure true?

3) to try to add weight to his he then suggested that he has ground for breach of contract. But we never signed any contract. Is a quote a legally binding contract in the UK?

4) what points (additional or related to the above) would be in support of my side?

Thank you for your feedback and Merry Christmas!
RJJ

 

[eteb3]

Quick questions: what line of work and how long have you been doing it? What's the disputed amount and how many weeks of your work does that equate to? Did you have any agreement about how requests for revisions would be handled?

Hopefully some real lawyers and/or some real contractors will be along soon, but in the meantime my personal take:
- Trivially: you're each bound by the contract you actually made, whatever that was.
- Unless you were doing work as a favour for a mate, there was definitely a contract (3).
- Anything written is a memorandum of the contract, not the contract itself. So varying the contract orally away from the original quote (as you say you did) is a variation of the contract just the same, with or without something written to record the variation. (1)
- But of course something in writing gives you some solid evidence. If it was reasonable for client to think the work was in scope, and client had no intention to vary the contract, then afaik there's no way the contract can change: it always needs coincidence of intention between you.
- The 30% is a figure out of the air. Their solicitor isn't allowed to bully you with the law when they know their client has no case (which doesn't stop some) but of course they're always going to put their client's case at its strongest. (2)
- Once you accept only 30% extra, you can kiss goodbye to the rest. (You almost certainly know this.) But equally it's an acknowledgement on his side that you did *some* extra work.
- Fwiw if I was your client and you never mentioned that the bill would be extra, I might think you were a bit of a b*st*rd and maybe a shyster. Why not tell someone exactly what the extra cost will be before you do the work? Otherwise it's a recipe for misunderstanding, whether that arises in good faith or bad.

On the many, many threads like this, most contractors seem to say give it up, move on and learn from it: you've got other paid work to be finding or getting on with. HTH

 

[eteb3]

PS what else have you got in writing? do you have all the back and forth (pre-dispute) on email or just oral?

 

[WaveJumper]

Hopefully every additional change made by client costed, agreed and signed off

 

[Mark T Jones]

The broad answer is that early, clear communication avoids a lot of later problems you are now in a big grey area of assumption.

Legally there is no clear wrong or right answer (to the best of my knowledge 30% is a number plucked out of the air without legal significance)

If you haven't done so, the next step is to break down concisely your costs to justify the charge.

 

[MBE2017]

Why do people make business so hard?

 

[MOIC]

I wouldn't get involved with solicitors. due to the potential costs.

If it was me, I'd settle for the 30% and put it down to a very steep learning curve.

First loss, is probably your best loss in this case.

Get a clear and unambiguous contract in place.

 

[AstEver]

And you may consider using a project manager or learning the basics of project management to be able to deal with changing requirements in the future.

 

[Mark T Jones]

I wouldn't get involved with solicitors. due to the potential costs.

If it was me, I'd settle for the 30% and put it down to a very steep learning curve.

First loss, is probably your best loss in this case.

Get a clear and unambiguous contract in place.

I'd be inclined to agree,but if the OP has time and stomach for the legal battle (without incurring legal costs) it will also be a learning curve.

 

[John Hemming]

Whatever the contract is detailed communication remains important. When someone asks for changes they should agree the price of the changes.

 

[Jass T]

I would offer a larger percentage than 30% say 50%. Haggle from there.
Like others have said, you may need to right off as bad experience and a lesson learned and move on.
In future have a clause in any quote, about requirements for any change or additional work requiring a new quote and have that agreed in writing before going ahead. Good luck.

 

[Mr D]

Get better contracts written.

Perhaps with clauses about changes and costs.
Charge a grand for each change over and above cost of doing work - will they want to make a lot of changes? Or if a grand is nothing, a figure that does get their attention.

 

[WaveJumper]

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[WaveJumper]

if it was easy everyone would be doing it ?

 

[RickJohnJones]

Hi,
Could any legal experts please reply to the original post?

Very much appreciated and thank you to all other contributors.

 

[MBE2017]

Not an expert, but we’re the additional requests for work in writing? Did he finalise a specification which was adhered to? Any complaints from him before your invoice? Most importantly did he request a quotation for the extra work?

You could argue with written instructions requesting the work be done constitutes an acceptance of your rates. Put simply though, this could have been avoided by quoting and only proceeding once the price was agreed.