Electricity Distributer asking for more money
Electricity Distributer asking for more money
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PurpleFox

Original Poster:

478 posts

101 months

Friday 7th January 2022
quotequote all
I will try to keep this brief and to the point, I would appreciate any advice / thoughts.

I am in the process of converting some offices into 9 flats, I requested a quote for a new electricity supply from the distributer and after a lot of buggering around (and I mean a lot) we proceeded. The quote was revised multiple times due to change in policy at their side as well as every time someone came to site they wanted something different. It was as expected to be honest and if you have experience dealing with a distributer then you may know what I mean, impossible to get a response to basic questions, person dealing is never available - leave / sick / corona etc. Months to get basic quote, we jump through a load of hoops only for someone else to come out and request something different, so a lot of pissing around but like I say, frustrating, slow but fairly standard and expected.

I paid (approx. £10k) and the work was scheduled with their contractors. The next thing was the council would not let the works commence during the day as the high street had to be dug up so insisted on it being done overnight. The date changed slightly and the work went ahead (6pm until 1am). Supply was energised and job completed.

Now the distributer has sent me a revised quote, asking for an extra £3.5k to cover the out of hours work.

I think it is out of order asking for more money after I have accepted and paid their original quote. My argument will be that had I been aware of the increase in cost, taking the total to over £13k, then I would not have gone ahead. The building was already supplied by 3 x 3 phase supplies and my electrician said we comfortably had enough capacity so there was an alternative.

Appreciate anyone's thoughts on what they would do or where I stand legally......beer

Mr Pointy

12,575 posts

175 months

Friday 7th January 2022
quotequote all
Are there any terms & conditions attached to the quote (or is it an Estimate?) or Order Acknowledgement they issued that allow them to retrospectively charge additional sums? If there are then you may not have much alternative but to pay up.

Simpo Two

89,407 posts

281 months

Friday 7th January 2022
quotequote all
PurpleFox said:
Supply was energised and job completed.

Now the distributer has sent me a revised quote, asking for an extra £3.5k to cover the out of hours work.
If I read that right, the contract was to complete the work for £10K. You accepted this, paid the amount in full, and the contract was completed.

The supplier knew before the work was done that the cost would be £3.5K higher, but didn't inform you until afterwards. (why not?)

My view - (but I'm not a legal bod) is that the extra £3.5K was not part of the contract so you're not obliged to pay it. They are, in effect, trying it on. However it may be that the contract has small print which covers such extra costs... in which case you lose.

Check the small print.

Ean218

2,020 posts

266 months

Friday 7th January 2022
quotequote all
PurpleFox said:
Now the distributer has sent me a revised quote, asking for an extra £3.5k to cover the out of hours work.
If that is all they have done tell them thanks but we will not proceed on this new quote.

If however they have actually sent an invoice then you will need your magnifying glass to read the small print of the original quote.

PurpleFox

Original Poster:

478 posts

101 months

Friday 7th January 2022
quotequote all
Thanks for the replies, much appreciated.

What I received was an 'offer', I have accepted the original offer by paying for the services within the offer and also returning and signing the agreement which was attached. Work was then carried out, I then receive another 'offer' which is a re-quote of the original which said a requote has been actioned as the local authority has instructed works to be undertaken out of hours.


There are sections with the document which say things like:
The quotation has been calculated based on the information provided to date but please be aware
that we will charge for any additional work required that has not been included in this Offer. It is
important that you check the Offer thoroughly to avoid incurring any further charges.

The offer did not mention any charges for night work. There was no 'additional work' just higher rate.

Obviously there are several pages of T&C's which I have not read in great detail but note the following:

Where any changes to the Works are required other than as a result
of the Company's negligence the Company shall submit written
details of the additional cost to the Customer who shall be entitled to
terminate the contract upon giving the Company written notice within
5 working days of the date of submission of such details. In the event
of termination the Customer shall pay the Company's reasonable
charges for the work done or committed and materials purchased
prior thereto and reimburse any costs or expense incurred or
committed by the Company in obtaining any wayleaves and consents.

The Quotation is based on material and labour costs prevailing at the
date of the Offer Letter. The Company shall have the right to vary the
Quotation in accordance with any variations in the material or labour
costs subsequent to the date of the Offer Letter (unless otherwise
stated in the Offer Letter) upon submitting written details of the
additional cost to the Customer who shall be entitled to terminate the
contract upon giving the Company written notice within 5 working
days of the date of submission of such details. In the event of
termination the Customer shall pay the Company's reasonable
charges for the work done or committed and materials purchased
prior thereto and reimburse any costs or expense incurred or
committed by the Company in obtaining any Land Rights.

The Offer is subject to the Company obtaining all required Land
Rights and statutory consents for carrying out the Works. Unless
otherwise stated the Offer assumes that all plant and equipment will
be placed in the adopted public highway or land owned or controlled
by the Customer who will provide all Land Rights in accordance with
Condition 5. The Customer will pay the full cost of obtaining any Land
Rights required from third parties (including settlement of all properly
reimbursed claims thereunder) in addition to the charges identified in
the Quotation provided that where these have a significant impact on
the overall cost the Customer shall be entitled to terminate the
contract upon written notice to the Company. In the event of
termination the Customer shall pay the Company's reasonable
charges for the work done or committed and materials purchased
prior thereto and reimburse any costs or expense incurred

Other conditions refer to variations but all seem to indicate that there would be 5 days notice and option to terminate subject to expenses already incurred..........

I suspect there will be something in there that means I am on the hook rolleyes

pistonheadforum

1,190 posts

137 months

Monday 10th January 2022
quotequote all
Tell them you will not pay and ask them to point out where in the contract they believe they are due this additional cost.

It may be that it's in there, but why not make them work a bit for it?

Burwood

18,718 posts

262 months

Wednesday 12th January 2022
quotequote all
When they knew the hours were changed to night time they should have addressed it then. Too late now. What's happened is someone has reviewed the costings and returns on that job and come up short. Someone thinks they can squeeze the extra out of you. Tell them to swing

deckster

9,631 posts

271 months

Wednesday 12th January 2022
quotequote all
Contract said:
Where any changes to the Works are required other than as a result
of the Company's negligence the Company shall submit written
details of the additional cost to the Customer who shall be entitled to
terminate the contract upon giving the Company written notice within
5 working days of the date of submission of such details. In the event
of termination the Customer shall pay the Company's reasonable
charges for the work done
I would quote this back at them, and say that you acknowledge their request and are exercising your right to terminate the contract. As such you note that as you have already paid their reasonable charges by way of the original invoice, you regard the matter as closed.

PurpleFox

Original Poster:

478 posts

101 months

Thursday 13th January 2022
quotequote all
Wow thanks all for taking the time to respond, it really is much appreciated.