losing work after quote is accepted

[chris hennelly]

Not in Manchester no. Cambridgeshire.

......so i hope its not in wisbech as i am starting a job this w/e under similar circs,including email acceptance............and works have already been done by others,i assume under highways as new signage erected................

[prolinep]

Normally in my company the way it works is we have at the bottom of our quotation form a " sign here to except the quote for work to be booked in" two copies which one comes to me and one they keep. This means no confusion as its in writing. But in this case id say its hard as nothings signed. BUT... When you went round there to quote on the other work did they show you that the work ud quoted for was being done..? if not then make a site visit and ask to speak to who ever is incharge and say that you can see the works been done after hes excepted your quote and that you have out laid money for materials for that job and most cases you have a cancellation fee of x% of the job.. and see if you can work something out with them that way.. Worth a try to recover some cost. if he argues just remind him of the email / print it out to show him .. Its a legit email to say hes excepted the quote ... hard to argue as nothing signed but worth a shot.. as least they will know not to do it again .

[Will Ayers]

ha! no not in Wisbech. best of luck with it though, and guard that site with your life!!

[forestgough]

Is the client aware that you know the work has been done by someone else?

If not you could ring to confirm the start time and see what response you get,possibly an embarrassed apology.

[onetruth]

I've never been through anything like this myself, nor do I have any legal qualifications, but I did used to work as County Court officer and have seen similar things like this before.

 

The "purchase order" others seem to suggest you might need isn't necessary. These sort of documents are supposed to eliminate ambiguity - the fact you haven't got one does not mean you haven't entered into a contract. There doesn't need to be a signed document either. The email appears to show that you have indeed entered into a contract (ie. had a quote accepted), assuming that it is from an appropriate representative of the other party and gives reference to the work, price, etc. That does not mean that you are entitled to the full sum, but it does mean that any losses you have incurred by the other party's unreasonable breech of that contract would be their liability.

 

Legally, you could probably make a case to recover some of your costs (such as purchase of equipment etc. - very little chance that you'd be able to recover wages you don't have to pay or profits you wont be making, though). That doesn't mean you'd definitely win, and it certainly means you would never be asked to quote for that company again (maybe not such a bad thing).

 

Here's my (non-professional) advice...

* DON'T "shrug it off and move on" as some others have suggested. Fair enough, you'll want it to be a learning experience, but you'll need to understand what happened and why before you can learn from it. I know I couldn't just say "oh well" and move on after making such an investment.

* DON'T invoice them. That will just make them defensive.

* Check your correspondence closely - could you have misunderstood something? Were you definitely talking with someone who had the authority to agree a contract?

* Decide on what the best possible outcome for yourself could be and play for that. Obviously you aren't going to be able to do the work that's already been done, so what's the best that could happen? Perhaps some compensation for your expenses, or maybe just an apology and acknowledgement that a favour is owed.

* Contact them, asking for an explanation and explaining that you have incurred costs as a direct result of you working to fulfill your side of the agreement. Choose your words and tone carefully - you don't want to come across as aggressive but need to make clear that they are 'indebted' to you (perhaps not the word I'm looking for, but you get my meaning?)

 

Good luck.

[Will Ayers]

I've never been through anything like this myself, nor do I have any legal qualifications, but I did used to work as County Court officer and have seen similar things like this before.

 

The "purchase order" others seem to suggest you might need isn't necessary. These sort of documents are supposed to eliminate ambiguity - the fact you haven't got one does not mean you haven't entered into a contract. There doesn't need to be a signed document either. The email appears to show that you have indeed entered into a contract (ie. had a quote accepted), assuming that it is from an appropriate representative of the other party and gives reference to the work, price, etc. That does not mean that you are entitled to the full sum, but it does mean that any losses you have incurred by the other party's unreasonable breech of that contract would be their liability.

 

Legally, you could probably make a case to recover some of your costs (such as purchase of equipment etc. - very little chance that you'd be able to recover wages you don't have to pay or profits you wont be making, though). That doesn't mean you'd definitely win, and it certainly means you would never be asked to quote for that company again (maybe not such a bad thing).

 

Here's my (non-professional) advice...

* DON'T "shrug it off and move on" as some others have suggested. Fair enough, you'll want it to be a learning experience, but you'll need to understand what happened and why before you can learn from it. I know I couldn't just say "oh well" and move on after making such an investment.

* DON'T invoice them. That will just make them defensive.

* Check your correspondence closely - could you have misunderstood something? Were you definitely talking with someone who had the authority to agree a contract?

* Decide on what the best possible outcome for yourself could be and play for that. Obviously you aren't going to be able to do the work that's already been done, so what's the best that could happen? Perhaps some compensation for your expenses, or maybe just an apology and acknowledgement that a favour is owed.

* Contact them, asking for an explanation and explaining that you have incurred costs as a direct result of you working to fulfill your side of the agreement. Choose your words and tone carefully - you don't want to come across as aggressive but need to make clear that they are 'indebted' to you (perhaps not the word I'm looking for, but you get my meaning?)

 

Good luck.

 

 

This all sounds like very good advice.

 

Simply walking away won't get me anything. I think you are right that I should aim for compensation of expenses and a favour owed.

 

This is ArbTalk at its best.

 

Thank you all for your advice. I'm going to have a chat with the guy tomorrow to find out what's going on. I will let you know their response.

[Steve Bullman]

Will, not interested in getting involved in the legal side of things here, as quite frankly my opinions would really mean nothing in the legal sense. But I would like to comment on your desire to pay your subby's you booked up.

 

Having the privelege of knowing and working with you, I have always respected you as a true gent, and your desire to pay your subbies something for work they haven't even carried out just re-enforces this. However, I think if you are straight up and honest with them, they will understand that you are the one who has been messed around here, and they would be very unreasonable to expect any compensation for work they haven't even carried out.

 

I understand why you want to see them right and respect that, but I don't really think its appropriate under the circumstances.

[Will Ayers]

Will, not interested in getting involved in the legal side of things here, as quite frankly my opinions would really mean nothing in the legal sense. But I would like to comment on your desire to pay your subby's you booked up.

 

Having the privelege of knowing and working with you, I have always respected you as a true gent, and your desire to pay your subbies something for work they haven't even carried out just re-enforces this. However, I think if you are straight up and honest with them, they will understand that you are the one who has been messed around here, and they would be very unreasonable to expect any compensation for work they haven't even carried out.

 

I understand why you want to see them right and respect that, but I don't really think its appropriate under the circumstances.

 

 

This sentiment was echoed by my crew. I think they understand that I have lost more from this than they have. If they are still spare that weekend then I offer them a free round of clays at the local clay pigeon shoot. This way I get to have a giggle at them missing clays while they get a free afternoon on the company. I'd hope to at least recoup enough money from this drama to pay for that!

[Steve Bullman]

This sentiment was echoed by my crew. I think they understand that I have lost more from this than they have. If they are still spare that weekend then I offer them a free round of clays at the local clay pigeon shoot. This way I get to have a giggle at them missing clays while they get a free afternoon on the company. I'd hope to at least recoup enough money from this drama to pay for that!

 

If I was a subby i'd be more than happy with that!

[tothby1]

a farmer near to me had a verble agreement to have his fields combined by another farmer.

however for some reason he got someone else to do it. the first farmer contractor took him to court for breach of contract and won full payment and costs so maybe worth the legal approach but local bushiness may be affected