Can the invoice be more expensive than the quote?

Questioner

We received a quote from a ground worker to dig out our cellar and do some other jobs, which we agreed to. We did not sign this quote, but we did approve it verbally. The ground worker has now dug out the cellar and partly done the other jobs, but is now sending us an invoice that is almost twice as expensive as the quote. He uses the excuse that his colleague, who had drawn up the quotation, had miscalculated and therefore actually counted too little... What should I do with that invoice now?

Lawyer

You should protest the invoice in writing and state that the storage was not agreed. The amount owed should of course be paid. You then run the risk that the excavator will start proceedings. The judge will then ultimately decide whether the excavator was contractually entitled to charge the storage, but if that was not agreed, I think that would be a difficult case for him. The fact that the agreement was not put in writing is so to speak inconvenient, but he will initially have the burden of proof.