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Wanderers Ways. Neil Thompson 1961-2021

Any Legal Brains On Here ?


miamiwhite

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if a firm quoted me for a job(which was 4 years ago) and they changed their company name but kept the same business address,is the original estimate valid or not worth the paper it's written on ? obviously there's a price difference but that's not relevant to the issue in question

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if a firm quoted me for a job(which was 4 years ago) and they changed their company name but kept the same business address,is the original estimate valid or not worth the paper it's written on ? obviously there's a price difference but that's not relevant to the issue in question

 

it depends did they change the name of the company or set up a new company ?

 

if it is a new company they have no obligations to the old name, unless when setting up the new company they in essence took over the old company.

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it depends did they change the name of the company or set up a new company ?

 

if it is a new company they have no obligations to the old name, unless when setting up the new company they in essence took over the old company.

they basically just changed the name of the company,same personnel running it

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they basically just changed the name of the company,same personnel running it

 

it does nt matter who is running it. a company is a legal entity in its own right.

 

if you have been dealing with them constantly on the same basis over the period then it implies it is just a name change.

 

but if you quoted for work years ago but have nt dealt with them on that deal then not sure why a quote from that long ago would be valid, dont you have a valid till date on your quotes ?

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but if you quoted for work years ago but have nt dealt with them on that deal then not sure why a quote from that long ago would be valid, dont you have a valid till date on your quotes ?

 

I don't think you are under any legal obligation to start any work you quoted for. This a letter to someone detailing prices to be charged for undertaking the work, not a contract of employment. Just tell them you are no longer intersted in work quoted for x amount of years ago on the grounds that things may have changed for both parties. Tell them you are, however, happy to come back to re-quote using up to date price lists and techniques.

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I don't think you are under any legal obligation to start any work you quoted for. This a letter to someone detailing prices to be charged for undertaking the work, not a contract of employment. Just tell them you are no longer intersted in work quoted for x amount of years ago on the grounds that things may have changed for both parties. Tell them you are, however, happy to come back to re-quote using up to date price lists and techniques.

 

In 1 - it's an invitation to treat, not an offer.

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Are you quoting or expecting a quote? Are you after a previous quote or a current one? If you are after a quote and want one which was cheaper 4 years ago than it is now then check the companies house website and hope its the same number. But, a quote is just an estimate, it won't be a contract unless they've started the job.

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Basically,due to planning delays etc,the job quoted for 4 years ago has only just been given the green light. A company who is sub-contracting to me have since changed their name. Ive asked them to submit a new estimate with relevant price increases under their new name. They're saying to just use the original quote,but i'm a touch suspicious as it's in a different name,and if their work wasn't passed then they'll probably say ''that firm no longer exists'' and the original one is null and void,irrelevant of prices etc. At then end of the day,if they don't submit a new estimate in the new company name,then i'll just have to get other specialists in for the job

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Basically,due to planning delays etc,the job quoted for 4 years ago has only just been given the green light. A company who is sub-contracting to me have since changed their name. Ive asked them to submit a new estimate with relevant price increases under their new name. They're saying to just use the original quote,but i'm a touch suspicious as it's in a different name,and if their work wasn't passed then they'll probably say ''that firm no longer exists'' and the original one is null and void,irrelevant of prices etc. At then end of the day,if they don't submit a new estimate in the new company name,then i'll just have to get other specialists in for the job

 

If you have a letter from them on letterhead confirming that they will meet the price and obligations of the original quote in the name XYZ ltd then you have some comfort.

 

Marsh - I almost put it is an invitation to treat, but i think if the quote is worded in a certain way it can be construed as an offer...it is many years since i did law as part of my degree but if the quote is worded in a way that says you are happy to do the work on a specified basis it can be an offer. (i think !)

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As Ani says, I think as long as you have written confirmation from the firm, that references the original quote then you shouild be OK.

 

I would have thought that the company would want to issue a new quote anyway, with the last one being 4 years old, as most people put something along the lines of this anyway don't they.... "This quotation is valid for a period of ?? days and subject to our standard terms and conditions"

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In 1 - it's an invitation to treat, not an offer.

 

Spot on. It's only a contract when there's 'offer' & 'acceptance'. In this case the 'offer' would be the buyer offering the money & 'acceptance' would be the taking of that money in agreement for services provided.

 

Bit like if a shop mistakenly Advertises a product too cheaply. They don't then have to sell it you for that price - it only becomes a contract when the customer offers that amount at the till & the shop then accepts it.

 

Also, there should always be 'capacity to contract', which basically means most contracts are invalid if you can prove you're mentally disturbed! HTH.

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the original quote was for 12 months,and new prices have been agreed. yet,they're saying they'll just put an amendment on the old quote. I don't think the old quote is technically valid due to the name change and want a totally new one drawn up in the new name. I actually think they're a bit worried about deterioation on the property and don't want to commit themselves to any new works that may arise. It's a ballache and doing my head. I think an up to date detailed inspection may have to be carried out by a civil engineer before anything commences,to ease everyone's minds

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Spot on. It's only a contract when there's 'offer' & 'acceptance'. In this case the 'offer' would be the buyer offering the money & 'acceptance' would be the taking of that money in agreement for services provided.

 

Bit like if a shop mistakenly Advertises a product too cheaply. They don't then have to sell it you for that price - it only becomes a contract when the customer offers that amount at the till & the shop then accepts it.

 

Also, there should always be 'capacity to contract', which basically means most contracts are invalid if you can prove you're mentally disturbed! HTH.

ha ha,i'm distrubed enough by it all, so i'll play the ''capacity to contract'' ace card if it goes tits up :innocent:

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Write up a Sub-Contract, you can pick up a Minor Works Order Sub-Contract from JCT online. If you detail the works in the order they are contracted to complete the works.

 

I like to keep the description of the works quite short and open but I include the word Complete at the end of the description. This will cover your arse when it comes to the point when they say ' We didn't quote for that!'. Ypu are basically saying all works involved to get to the description of the works.

 

I also like to make the S/C agree that they are a suitablly qualified and experienced S/C for the works. They say 'it is additional works that we did not envisage' you can 8 times out of 10 respond with ' as a suitablly qualified and experienced S/C you should have been aware of the potential for these works and noted them within your quotation'

 

Finally, Never refer to the S/C quotation in the Contract!

Edited by olispence
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