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  • #999526
    Notrad
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    Just wanting to know where I stand before taking this further, am I in the right?
    The basic story client accepts a quote to have turf laid, then changes their mind about the size of the job, the morning of the job, I explain the quote is no longer valid, a larger area means the job will take longer etc, this is all fine. Unfortunately during the job a delivery truck strikes their house and becomes stuck in the drive, this complicates the job (unable to use earth moving equipment etc) and adds time. I invoiced for the time spent on the job, including the hours added by the incident, the client is refusing to pay for these hours and is instead telling me to ask the company making the delivery to pay, I believe I should be paid for the job I completed and that it is up to him to ask the company that caused the delay for the extra amount, but they believe they’re are being fair because the paid for the other extra time, which was caused by them changing their mind about the size of the job

    #1220127
    Rowan@quaotic
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    From what I can understand from your post (please use paragraphs to make reading easier), your client is right. it is not their fault that the job was delayed by the stuck truck and they do not have to pay for that time.

    It is up to you to get compensation from the delivery company. They only have to pay for the agreement they made with you for the extra work of the larger job.

    #1220128
    bb1
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    I’m with [USER=28171]@Rowan @ GardenLarder[/USER] , plus interestingly enough a similar question came up on a legal discussion I was listening to last week. The truck was there for your delivery, so you need to take responsibility for any damage or delays created by the truck, the contract for delivery of the turf is between you and the delivery business. Not the home owner.

    You revised your quote based on the additional work, you can’t then go add extra’s, in particular things that are outside the home owners ability to control.

    Thats what contingencies are put in for.

    PS. I hope you haven’t left the homeowner to sort out the damage to the house with the delivery company, you should be assisting there as well

    #1220130
    Notrad
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    Thank you for the replies, apologies for the structure and lack of detail it was late and I was tired.

    #1220131
    Paul – FS Concierge
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    [USER=114862]@Notrad[/USER] – Tired And Stressed I bet?

    In my business, if I organise the Contractor (in this case the truck), I assume responsibility. If the customer organised the truck, then I would ask them to take responsibility.

    That said, it may be a purely legal question that only Lawyers and Courts (or insurance) could decide.

    #1220132
    Notrad
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    Okay now I have more time and am more awake, I realise how disjointed and unclear my initial post was, apologies, to clarify the delivery truck had nothing to do with the job I was present for.

    The truck was there to deliver timber for a seperate project to be done by a tradesperson, as far as I’m aware.

    I am aware that I am responsible for delays and/or damage caused by my deliveries, that’s why I have insurance.

    Am I still required to invoice the company making the delivery for the time caused by the delay if it is for a separate, completely unrelated job,
    or is the client responsible for passing on my costs to said company?

    If I’m responsible I’ll wear it, but felt the need to get clarification as it seems wrong that I have to chase costs for a delay that I played no part in.

    #1220133
    Paul – FS Concierge
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    It sounds like you need to engage a lawyer.

    P.S. A rule I live by is never to do extra work without getting sign-off by the customer before the extra work commences.

    In this case for example, is the delivery company your customer and did they agree to pay you for extra hours because of their error?

    #1220134
    Greg_M
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    Just an opinion.

    I would think seeing the delivery wasn’t yours, AND there’s multiple other projects going on, the responsibility would be with the head contractor (builder if their is one maybe) or the “principal ” whose directing the work to go ahead (in this case it sounds like the owners).

    Normal practise in my experience would be that you’d claim prolongation costs against the “principal”…they’d probably argue it, and if your case was good they’d pay the negotiated sum…then back charge the contractor who stuffed it up.

    Proving your costs would probably require more than just your say so on extra hours.

    Check with a solicitor.

    #1220135
    bb1
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    I guess to everyone’s comment re seeing a solicitor, how many hours or dollar are we looking at?

    Sometimes in life you just have to suck it up

    #1220136
    Mischelle
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    Bert beat me to it again, I was going to ask the same thing. :)

    They have agree to pay the extra for the additional work area, but not time due to the delay with the truck incident.

    If it’s a small amount, it might be better to walk away from this without legal and still have a client relationship in place.

    If it’s a lot, then yes get some legal advice.

    #1220137
    Greg_M
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    I’d agree that in most instances you’d probably be better off to just suck it up as Bert suggests.

    The original variation for additional work is not in dispute to according to the OP, only the cost associated with prolongation of the contract.

    On construction/building sites (which this appears to be), prolongation is a common claim .

    I’ve been in similar situations plenty of times and if someone else stuffs up and costs me money I’d at least be having a crack at getting something back.

    It’s common practice especially on owner builder sites to just give work the go ahead, then do little or nothing to manage it properly and then expect small contractors to wear it when things go wrong. And it’s why I always used to put a very fat margin on anything I did for owner builders.

    #1220138
    Notrad
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    I believe I will just suck it up, I’m not happy about it, as it’s a significant amount for me, but ultimately it’s probably better for business to say lesson learned and move on.

    Thanks very much for the advice

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