I have some renovations finished with one of the contractors going 25% over their cost estimate (Offerte) without letting us know of the extra costs until the Rechnung came. They argue the work was done at our request. I argue that they never hinted that the work was not in the estimate. I could accept 10% over an estimate with no heads-up… but 25% is too much. That is not the only headache this company gave us but this is the one outstanding.
We have sat down and spoken in heated but professional discussions with the company and they are sticking to their numbers.
I have already worked with my legal insurance company and following legal advice, offered to meet half-way, basically paying that 10% that I could accept. Offer rejected.
I know contractors have their legal protection, rightly so, against non-paying clients (Mahnung, etc).
Question: Is there a customer protection agency that could help? (Basel-Stadt, by the way)
All opinions are welcomed.
This has been an expensive lesson for us naive, trusting new homeowners.
Happy to write down some mustachian-minded tips when this ends. There is a lot of money to be saved by avoiding my mistakes.
Thank you in advance.
Doing that professionally (for public works), it’s not that easy to contest the bill if the work has been done. It depends on what was in the contract and if you can prove that you didn’t order the additional work they’ve done.
We keep weekly protocols mostly for that: to have a journal of the decisions taken. Wording in the contract that receipts for the work that wasn’t in the contract (régies, in French) must be presented at the weekly meeting helps to have a more current grasp of the financial situation as the works occur and can help negociations if they didn’t provide them and still claim additional work at the end of the works.
Basically, we usually manage to successfuly contest the billing of work that hasn’t been done, quantities that have been inflated and work that hasn’t been done properly (including to the point of taking it out and doing it again in the most critical cases - it’s fairly rare).
I don’t know of a customer protection agency for that and it is probably too late to hire a construction manager who would handle the situation. I will find any feedback you’ll be willing to provide insightful and thank you for sharing your experience with us.
Edit: as a data point: we always demand to have forward warning as soon as it becomes apparent that the costs will exceed the amount of the offer. I’ve very seldom gotten it from a contractor without prompting them intensely and/or repeatedly myself (a good construction manager/engineer will do it for their client but I’ve also worked with some who wouldn’t keep tabs on the finances of the works until it’s nearly over and way too late to course correct).
Most contractors simply don’t do it. They do their estimate, do their work and then do their bill. For many of them, administrative/accounting work isn’t their strong suit. I’d make myself very clear about my need to have those forewarnings, in writing, before ordering the works (at the latest with the order) and throughout the works and hire a construction manager if I feel I can’t do that. It’s obviously too late for you but I’m putting it there in case it can help set the expectations of other people reading.
Putting it in a separate message (instead of an edit) to give it more chances to be read:
If the contractor/company gave you other kinds of trouble, it is very possible that some of the things they’re trying to bill wouldn’t be legitimate (not because they didn’t tell you they weren’t in their estimate but because they didn’t actually do them (or more likely are billing more hours/materials than what has actually been done) or because they’re included in other things they’re billing for). Those can be contested (but there’s no guarantee that’s part of what has actually happened so it’s also possible that the full bill is indeed due).
A good quantity surveyor (“métreur”, in French) can help with that. It’s better to have them hired earlier but some might still be willing to take up the job at this point if the amount considered is sufficient and you prove to be a good client for them (companies hire them but they’re recurring clients, I don’t know how they’d answer to a private request).
Edit: though, to be fair, we very (very) seldom go to court and try very hard to settle, and our main leverage is that our clients are recurring clients of the contractors that are hired so they’re more willing to negociate in the hope of getting future contracts. A one time client would have a way harder time negociating anything.
I think getting your money back would probably require a lawsuit, which doesn’t even have a high chance of success since you don’t have any proof, that you didn’t agree to the higher costs. I think you need to bite the bullet this time and keep the following points in mind for next time:
A quote is always binding if you have agreed a fixed price with the contractor for defined services - preferably in writing for proof.
If a fixed price results in higher costs, the Contractor must immediately inform the Client and check whether the Client still wishes to have the work carried out (insist on having this written in your offerte). If this information is not provided or if the customer does not wish to receive the service in question, there is no obligation to pay the higher amount for the estimate (unless there are exceptional circumstances that the contractor could not have foreseen, see Art. 373 OR).
In the case of quotations that are calculated on a “time and material” basis, “work in progress” or as an “approximate price”, the costs may be higher; overruns of up to 10% are considered reasonable and must be accepted. In some industries, larger variances are possible (e.g., 15% is allowed for dentists). To avoid unpleasant surprises, insist on a fixed price or, if this is not possible, agree on a cost ceiling.
The following items should be included in the estimate:
Type and scope of work
Price (e.g. cost ceiling)
Labor and material costs
Travel costs
Time frame for completion
Does a verbal agreement apply?
In principle, oral agreements are valid. However, without a written document, it is almost impossible to prove an agreement in the event of a dispute. Therefore, insist on a written offer.
Also look closely at your contact. I noticed many here try to sneak in a provision that they allow up to 20% overrun in costs…
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