Contractor asking too much? Discover your rights!

Questioner

We suffered considerable damage to our terraced house at the end of 2012 after the neighbours' house burned down. The insurance company gave me the opportunity to find a contractor. This contractor submitted a quote to the insurance company. The two parties reached an agreement to repair the house. I signed this amount on the deed of appraisal. The contractor started the restoration of our home in early 2013. The agreed amount was split into three invoices. I received these from the contractor and forwarded them to my insurance company. Only the invoices added together, is a higher final amount than agreed with the insurance. The insurance does not want to pay the difference. And rightly so. The contractor has already consulted with the insurance company several times, but of course without result. The contractor is not going to leave it at that, and is now knocking on my door. And wants the remainder from me. After all, the invoices are in my name, according to the contractor. I think first of all that this is not my problem. It is something between the contractor and the insurance. Secondly, the insurance is right. And the agreed amount has been paid. Is the contractor right? Because the bills are on me. And I am the client.

Lawyer

If the contractor has agreed on a fixed amount, he cannot charge more...not to you and not to the insurance. Unless there is 'small print' or very unforeseen circumstances, which I cannot judge based on your information.

Lawyer

Additional Book 7BW: article 752 regulates the situation in which a target price has been agreed. The contractor may deviate from this by 10%. The insurer must be deemed to be aware of relevant laws in the field of construction contracts. In that case, it is very unreasonable and untenable for them to reject the claim. If the price exceeds 10%, the contractor is responsible for this himself unless he has obtained prior permission for the additional work. Here is the text: 2 If a target price has been set, this target price may not be exceeded by more than 10%, unless the contractor has warned the client as soon as possible of the likelihood of a further excess, in order to give him the opportunity to limit or simplify the work. The contractor must cooperate with such limitation or simplification within reasonable limits.