Who is responsible for the costs of additional work?

Questioner

We had our house renovated last year. We hired a contractor for this. The contractor hired an installation company for the installation work. The costs increased considerably during the renovation. There was no quote from the contractor, but there was one from the installer, but we never saw it. That was the contractor's responsibility. At one point we had a conversation with the contractor. We indicated that the bottom was in sight. We mentioned our budget and asked him what he could still do for this. We also asked whether we were correct with an estimate of the final costs of the installation work. This was answered positively at the time. Now there is a subsequent calculation with additional work from the installer that is 3 times as high as the estimated costs. The contractor charged us this amount. So far we have only paid the costs that we expected. We do not have the rest of the money either. Now the question is who is responsible for these costs. In the email we sent to the contractor, the contractor also indicated that he was shocked by the bill. He thinks that the installation company should have reported these costs earlier. At first, we thought that we could then perhaps make a payment arrangement. After another week of bad sleep, I started wondering; do we really have to pay these costs. I found the following information: The law states when the contractor can claim payment for additional work. This is only possible if the contractor has informed the client in a timely manner of the resulting price increase. The client must therefore be given the opportunity to decide whether he wants the contractor to carry out the additional work - despite the higher price. An exception to this is if the client should have understood the need for the price increase himself. This is more likely to be the case with an addition that the client wants than with a change. If the client should have understood the need for the price increase himself, there is therefore no obligation on the part of the contractor to warn. Now the question is; who is the contractor in this and who is the client? Can we be seen as ordering the installation work or is the contractor the client in this? We have had discussions several times with the question of how we were doing financially? There had already been a lot of extra costs and we agreed to that. We always received an invoice and the contractor verbally indicated that we were 'up to date' with everything that had already been done and delivered. And now a hefty final settlement for the additional work. It would be nice if someone could think along with us.

Lawyer

It is a complicated situation and I understand the confusion. Generally speaking, you can be considered the contractor's client. The contractor then hired the installer and in that sense could be considered the installer's client. In these types of issues, it often comes down to when and how the additional work was communicated. The contractor should have informed you in a timely manner about the financial consequences of the additional work. If this did not happen and you could not have known in any other way that additional costs would be incurred, you may be able to argue that you do not have to bear these costs. Since you have already had discussions with the contractor about the budget and the contractor subsequently responded positively to your estimate of the cost, it seems that you were not aware of this significant increase in price. This could work to your advantage. It is important to point out that this is only general advice. In your case, it is wise to consult a lawyer or attorney for more detailed and personal advice. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.