Invoice double the estimate ??

[startledtreefan]

I was hoping I could get a view from the professionals please. I engaged an arborist to do a AMS for a new build. I gave him a link to the planning application, the tree survey that was done previously (plus he also did a tree survey for me) and the e-mail request from the council re drainage, parking etc. I don't think I could have been any more explicit in his terms of reference.

 

He estimated 4 hours and has invoiced me for 8. Nothing was different to what he was clearly asked to do....There was a lot of e-mail back and forth with the architect about a CAD file.  I couldn't open the file myself to see what the issue was - but to be honest he came off as difficult, bordering on rude and on some points was just wrong.  Also the place we have drawn the services was in an RPA so he said to move it three metres. So the architect gave him a new diagram.  Basically it seems like on the basis of the two points above he is justifying the double of the estimate.

 

What do you think ? Is it reasonable to invoice double ? Would you invoice a customer for twice what the estimate was ? Should I just stump it up ? Is he just a chancer ?. I'm struggling to know what the right thing to do is. I can't see how his estimate can be so wildly off and he didn't deliver anything other than what I asked him to..

[monkeybusiness]

Why didn’t the initial surveyor sort the AMS? 

[startledtreefan]

History is - the plot had previously been given planning approval and a survey and AMS was done then. I've put in a new application and the council asked for a new survey and AMS.

[monkeybusiness]

1 hour ago, startledtreefan said:

History is - the plot had previously been given planning approval and a survey and AMS was done then. I've put in a new application and the council asked for a new survey and AMS.

So the guy charging double has done both the new BS5837 survey and the new AMS (and is charging double his estimate for the AMS), or just the new AMS? 

[daltontrees]

This is a messy business.

 

Rule one, never ask for an 'estimate', always ask for a 'quote'. The quote is for a specific service, and the consultant cannot demand haigher payment unless additional work has arisen and he has got your approval to do the extra work for an agreed additional fee.

 

Rule two, always specify outputs from consultancy work that are waht you need and which then belong to you, so that you can ditch a dodgy conslutlant and bring in a new one who can pick up where the old one left off.

 

So much for hindsight. Instead, with your estimate you are more at common law odds with the consultant. But I think it is for him to justify why the price has increased AND why an additional quote (or estimate) awas not provided by him prior to him embarking on the additional work.

 

Any half decent consultant will always do a wee bit extra for a client without whinging about extra costs.  It happens on almost every job, so much so that it's almost standard in pricing to allow for a few extra hours to be spent at no extra fee. There are situations where jobs grow arms and legs nad no-one could have seen it coming, and you have to ask the client to increase the fee, or else you will be working for nothing and will be poorly motivated to prioritise his work and go the extra yard for him. Good clients understand that.

 

I'd say you shouldn't just stump up, as the consultant to justify the increase and explain why he didn't get your prior clearance to proceed on the basis of an agreed higher cost. An estimate is a guess when there are a lot of unknowns, but for an AMS on a known site he had himself surveyed, a doubling is well beyond what would be considered possible and reasonable. And if you are also not happy with the service he provided, it would be reasonable to hold the price as disputed.

[Chipperclown]

Pretty simple from my point of view, its was an estimate (no fixed fee which is a very grey area), things changed your end for whatever reason, work increased for your arborist, therefore his estimate changed. Seems straight forward to me. Lots of learning points for your next project.

[monkeybusiness]

4 minutes ago, Chipperclown said:

Pretty simple from my point of view, its was an estimate (no fixed fee which is a very grey area), things changed your end for whatever reason, work increased for your arborist, therefore his estimate changed. Seems straight forward to me. Lots of learning points for your next project.

If he’s already undertaken a BS5837 survey of the site then the ‘estimate’ should be accurate. It is largely a copy/paste job and is unlikely to actually take more than an hour or two - any issues with topos etc would have already arisen and been dealt with. 
If he’s been appointed to provide an AMS with no previous involvement in the project then it is perfectly feasible that the estimated time to produce the document could end up stretching. Reluctance from other consultants who believe they/their preferred tree-hugger etc are missing out on work could introduce unexpected delays and hurdles in getting hold of the necessary documentation to allow the AMS to be completed - no fault of the ‘arborist’ and no reason for them to work for nothing so their costs could conceivably rise from their initial estimated price. 
More context is required to give consideration to either side of the argument imo. 

[Mesterh]

Have you asked him why it has jumped up to 8 hours work from 4?  If he can break it down and it seems reasonable then I think you should pay the cost and move on. If it doesn't seem reasonable then you could argue against it but as others have said it's an estimate, always best to get a quote for everything. 

[kevinjohnsonmbe]

Did your Arb have dispute resolution detailed in their terms and conditions?

 

If yes:  invoke them. 
 

If no, do you want to pass any future work to them -

 

(i) if yes, talk it out, ask why it’s so far off the mark, say what you’re peeved with, listen to the explanation and agree a mutually agreeable way forward. 
 

(ii) if no, tell them why you’re not happy, tell them what you are going to pay, tell them there’s always small claims if they fancy arguing their case. 
 

 

 

[John Shutler]

some aspects of consultancy work il always charge an hourly rate for but you have to have an understanding with the client that you will be fair. for example i’m working on a scheme to construct a driveway upto a property with a steep incline and various trees. the pretty pictures of the driveway drawn by the architect are in no way feasible and representative of the situation so on this occasion I will give input, produce an tree constraints plan so they can produce a workable solution and liaise with with the LPA for an hourly rate. Ive then given them a fixed price to produce a report to accompany their planning application when it reaches that stage 

I always provide a breakdown of time spent with the invoice so people can see where the times gone, 15 mins here half an hour there soon adds up