If you are stuck in such a situation, here is what to do.

Mr. Davies recently contracted with a company, ‘Prime Glazing Solutions’, for the installation of new doors and windows at his property in Aylesbury Gardens, Bristol. A surveyor from the company conducted an initial assessment, based on which a final price was quoted and agreed upon. However, during the installation process, the fitting team discovered a minor but necessary structural issue above two of the windows. Prime Glazing Solutions has now informed Mr. Davies that this issue was missed by their surveyor and they intend to charge an additional fee to rectify it. Mr. Davies has not yet signed the revised invoice and the company is nearing completion of the originally scheduled work. He is seeking advice on whether he is liable for this extra cost resulting from the company’s oversight.

Advice in such cases

Navigating a dispute over unexpected costs can be stressful. The initial steps you take are crucial in protecting your position. It is important to act methodically and keep clear records of all interactions.

• Do not verbally agree to or sign any new invoice or variation order for the extra charges. Doing so could be interpreted as accepting the new terms.
• Communicate your position to the company formally and in writing (email is ideal as it provides a time-stamped record). State clearly that the agreed price was for the complete installation, which you reasonably expected to include a competent survey.
• Carefully review your original contract and quotation. Look for any clauses that discuss ‘unforeseen works’, ‘variations’, or ‘surveyor’s findings’. The wording of these clauses is critical.
• Upon satisfactory completion of the work as per the original agreement, you should plan to pay the originally quoted amount. When you make this payment, state in writing that it is the full and final settlement as per the contract dated [insert date].
• If the company refuses to complete the work without the additional payment, they may be in breach of contract.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

Your rights in this situation are primarily protected under UK law, specifically the Consumer Rights Act 2015. This Act implies certain terms into contracts between traders and consumers.

• Consumer Rights Act 2015, Section 49: This section states that a service must be performed with reasonable care and skill. The survey is part of the service provided by Prime Glazing Solutions. The surveyor’s failure to identify an easily discoverable structural issue suggests a lack of reasonable care and skill. The company, not the consumer, is responsible for this failure.
• Consumer Rights Act 2015, Section 52: This makes any information provided by the trader to the consumer, which the consumer relies on, a binding term of the contract. The initial quote, based on their “professional” survey, is binding information. The company cannot unilaterally change this term because their own information was inaccurate.
• Breach of Contract: The company agreed to supply and fit windows for a fixed price. Their attempt to increase this price due to their own error could be considered a breach of the original contract.

If you are the complainant

As the customer (the complainant), you should take proactive steps to build your case. Your goal is to have the work completed for the price you agreed to.

• Collate all relevant documents: the initial advertisement, the detailed quotation, the signed contract, and all email or written correspondence.
• Send a formal letter or email to the company’s registered office, outlining the dispute. Clearly state that you are relying on your rights under the Consumer Rights Act 2015, specifically that the survey was not conducted with reasonable care and skill.
• Reject the demand for extra payment and reiterate that you expect them to honour the original contract price.
• If the company is a member of a trade body like FENSA or CERTASS, check if they offer an Alternative Dispute Resolution (ADR) scheme. This can be a cheaper and faster alternative to court.

If you are the victim

As the customer in this scenario, your position is that you are the victim of the company’s professional negligence. You should not be expected to bear the financial consequences of their mistakes.

• Your contract was formed on the basis of the company’s expertise. You relied on their professional surveyor to assess the job correctly and provide an accurate, all-inclusive price.
• The company is attempting to make you pay for their surveyor’s error. This is not a case of a genuinely unforeseeable issue that could not have been detected.
• Resist pressure to pay. It is significantly more difficult to reclaim money once it has been paid than it is to withhold payment for a disputed charge. Clearly communicate that the disputed amount will not be paid.

How the police behave in such cases

This is a civil matter, not a criminal one. The police will not get involved in a contractual dispute between a homeowner and a company. Their involvement would only be required if a criminal offence occurs, for example, if the company’s representatives become threatening, cause criminal damage, or refuse to leave your property when asked (a breach of the peace). A simple disagreement over an invoice is not a police matter.

FAQs people normally have

• Should I pay the extra charge just to get the job finished?
  It is generally inadvisable. Paying the disputed amount can be legally interpreted as you agreeing to the new price, which would severely weaken your ability to challenge it later.
• What if they walk off the job and leave it unfinished?
  If they abandon the work because you refuse to pay an unjustified extra charge, they will likely be in breach of contract. You may then be entitled to hire another company to complete the work and claim any additional costs from the original company.
• Can they send debt collectors after me if I don’t pay the extra?
  They can try, but if you have a genuine and well-documented dispute, you can robustly defend against any collection activity. You should immediately inform any debt collection agency in writing that the debt is formally disputed and provide a summary of why.

What evidence is required?

Strong evidence is key to resolving the dispute in your favour. You should gather:

• The signed contract and the initial written quotation.
• All correspondence, especially emails, between you and the company.
• Photographic evidence of the structural issue that was discovered.
• A written log of all conversations, including dates, times, and the names of the people you spoke to.
• If the dispute escalates, a report from an independent surveyor confirming the issue should have been spotted during a competent initial survey would be very powerful evidence.

How long will the investigation take?

This is not a formal investigation in the criminal sense. The timeline for resolution varies greatly.

• Direct Negotiation: If the company is reasonable, the issue could be resolved within a few days to a week through clear, written communication.
• Alternative Dispute Resolution (ADR): If you use an ADR service, the process typically takes between four to twelve weeks.
• Small Claims Court: If the matter has to be settled in court, the entire process from issuing a claim to receiving a judgment can take six months or longer, depending on the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India