startledtreefan

1 minute ago, kevinjohnsonmbe said:

That would likely be considered to be a very reasonable approach to take if the matter were considered at SCC.  On the other hand, justifying a final invoice at 2x the estimate would be a very difficult case to argue (assuming you've presented us with a full and accurate scenario....) 

I'll see what he comes back with. But from my perspective that does seem reasonable. Cheers. Off to read the rest of the forums now : ) 

7 minutes ago, kevinjohnsonmbe said:

https://www.legislation.gov.uk/ukpga/1982/29/section/15

 

 

 

Estimates and Quotes

If you haven't come to a fixed agreement with a contractor about the cost of the work (and in this case there is nothing in writing unfortunately, and no fixed quote, just a rough estimate) then if the price the contractor charges you is unreasonable, it puts them in breach of contract according to the law. In this case, your compensation for this breach of contract would be a reduction in the amount charged. Usually, an estimate is not legally binding, although if the final price you are asked to pay is significantly higher than the estimate you were given, you can still claim a breach of the ‘reasonable cost’ term.

Thanks. Twice the estimate doesn't seem reasonable to me. Was thinking along the line of a twenty percent update in what he estimated me. On the basis that at a ten percent tolerance (standard practice in IT projects) he should have let me know there was a problem. Double that on the basis of measure of good will. 

23 minutes ago, Chipperclown said:

You can question all you want, but how can you really question a estimate, its simply just that, an estimate! Just because the estimate has doubled that does not mean its incorrect. Clarification of uplift of cost,  easy answer,  its was just an estimate!!

If the estimate has doubled and the facts haven't changed nor the scope has changed then surely the estimate was incorrect ? 

41 minutes ago, kevinjohnsonmbe said:

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. 
 

 

 

(i) No.

(ii) Yes. : )

51 minutes ago, daltontrees said:

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.

Thanks I've done just that. Lesson learned on the estimate versus quote.

58 minutes ago, monkeybusiness said:

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? 

Done both new survey and AMS and is charging double estimate for the new AMS.

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.

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..