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losing work after quote is accepted


Will Ayers
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Just check that the person that you were dealing with had the authority of the organisation to make contracts, ie accept your quotation, also, did he hint at anything conditional (his legal side will argue that he did - something like, ' we informed you in a phone conversation that the offer was subject to confirmation of start dates, the type of tea to be consumed,...' etc, or that, 'it was subject to our usual trading conditions'- which will invariably say that contracts are conditional on a purchase order ref. being given etc.) That said if he is high enough up in the organisation then you would probably have a case, ie a director, or business owner.

 

Regardless of that i would invoice them for the loss of earnings and follow up with threats and then move on. These large organisations are getting very focused on shaving off 1% here and there.

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Be professional, take it on the chin, dont push to hard and you will probably find you get more work from them. (the person you dealt with obviously screwed up and will want to cover his butt and not have you make waves)

 

Had a simular situation a couple weeks ago. long story but the client appreciated us not making a tough situation tougher due to a mamoth stuff up on his part, and we got a heap more work out of it.

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Having spoken to the manager in question it seems this error was simply due to lack of communication and poor management. The contracts manager has stated verbally the I will be compensated for lost profits and any direct investment in to the job. So my time already give and my fuel for quotes and subsequent site visits.

 

I raised the concern that I didn't want to ripple the pool regarding future works and he said there was no bad blood as this was no fault of mine. He mentioned I would get first refusal on the next project (which I happen to know is a lot bigger). So all is well that ends well....

 

 

Thank you arb talkers for giving me your advice and experiences with this matter, it has been so helpful to have your legal knowledge, business sense, support and advice.

 

For me this is arbtalk at its best. Although none of you are in a position to wave a magic wand and make it go away, you have all contributed to my ability to come armed with the right knowledge to be able to deal with the situation in a professional manner, without burning any bridges.

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Were yet to discuss my final bill. I'm not going to kick the backside out of it but it will certainly make the blow a bit softer. :001_cool:

 

lesson learnt here for sure, I did the right thing in getting my quote accepted in writing in the email, without that I would certainly not have got the compensation for lost works. Also any conversations with people from these bigger firms I will get documented in emails, its been a worrying time for me but the end result is more than satisfactory!

 

Learn from other peoples hardships gents, its the cheapest and easiest lesson to learn.

When dealing with the big boys, get it all written down and be prepared to stand your ground. luckily I dealt with a conscientious manager who made things easy for me but it could so easily have been the other way round, a little guy like me against a big organisation like this would be hard pressed to win a fight, no matter what the law states, so always back yourself up.

 

And if in doubt, seek some arbtalkers out! :thumbup:

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Good move on you and the companys behalf, I think if you had gone in there all guns blazing you more than likely would have been compensated but I would fear new work would have been slow in coming your way, as it stands all is resolved amicably and you are not out of pocket, also you have a few brownie points in the bank for future use. I have always believed a frank and open discussion will clear the air and then its business as usual. well done to both sides.

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