# quotation caveat



## zuridis (Oct 29, 2009)

We like to provide our customers with quite a detailed quotation and in so doing hopefully provide some level of reassurance and avoid misunderstandings on either end.

Id like to incorporate a provision in the quote that states something to the effect that the quote may be subject to additional unforeseen work (which would obviously have to be agreed on) but I'm trying to word it in such a way that our customers don't have to be concerned about escalating costs. In short, we still want them to understand that we endeavour to stick to the quote given.

If anyone has a good idea on how this could be worded, would be greatly appreciated. :thumbup:


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## Brickie (Jun 15, 2006)

_Any alterations or deviation from the above specifications or any hidden, concealed and unforeseeable conditions involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. _


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## zuridis (Oct 29, 2009)

Thank you. This is the provision I want. I do want to make the wording as plain, unambiguous and as easy to understand as possible so as not to raise any concerns. This is a great starting point though.


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## jarvis design (May 6, 2008)

Our price does not include extra labour or materials required due to structural or mechanical limitations or deficiencies or other work requested that is not on our project description.


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## Tiger (Nov 21, 2007)

Brickie said:


> _Any alterations or deviation from the above specifications or any hidden, concealed and unforeseeable conditions involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. _


Make sure to always do written COs with this wording. With a trusting verbal CO that you don't get paid for, your own contract could work against you.


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## DavidC (Feb 16, 2008)

Here's my .02. Authored by my attorney. I asked for a plain language contract;

Any alterations or deviation from the above specifications involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this proposal. All agreements must be made in writing.
As Tiger suggests, all change orders must be in writing and signed or your contract works against you.

Good Luck
Dave


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## zuridis (Oct 29, 2009)

Thanks alot guys. Good thing I'm addressing this now prior to any situations arising.


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## carolinahandyma (Jan 6, 2006)

I think there are two similar but separate things being discussed here. One relates to hidden problems ie problems that get uncovered when work commences. The other is a change order, which is typically some deviation or addition to the original scope of work that the homeowner requests. Both should be included in your contract agreement.

*Here is some example wording for a change order.*
Changes to Project: Client may make changes before or during the project, however the schedule will be adjusted and additional labor and material charges may apply. All such requests shall be in writing. 

*Here is some example wording for hidden damages.*
Exclusions: This agreement excludes any additional work not mentioned in the scope of work. It further excludes any labor or material costs associated with the repair or remediation of hidden damages. Hidden damages may include but are not limited to, a hidden, concealed or unforeseeable condition not discovered during the estimating process. 



Remodel repair and handyman services serving Chapel Hill and Durham.


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## jimmys (May 1, 2009)

*Changes, vs. hidden conditions*

My contract says this about changes: 
_Change Orders document changes in the extent, nature, or method of the work. Change Orders describe briefly the change(s) anticipated, the cost or credit to Owners of such change(s) if any, and the impact of the change(s) on the contract amount and schedule. A sample CO is normally attached to this contract. Contractor will try to prepare Change Orders for review by Owners before performing the relevant work. However, Owners may order, and Contractor may agree to perform, extra work started before such written verification can be completed. The parties agree these verbal orders are binding on them, to be confirmed by a written Change Order. Any significant changes, alterations, additions to, or deletions from the drawings, specifications, stipulations and scope of work for this project ordered by any public body, utility, or inspector, shall constitute a change in the work, and shall be documented in and paid for by Change Orders. Work performed under a change order will become part of the contracted work and subject to the same terms, conditions, and warranty as contracted work._ 

The part about the "public body..." covers anything the BI might demand that was not anticipated by the architect. Also covers increases in sales tax, which we just had in Mass. The verbal part we use often, as during small remodels where customers work all day it's hard to get timely signatures.

Also, my line-item Estimates, which form part of the contract, have TBD (to be decided) on any line where final choices remain to be made - usually tile and shingle color or some such. That allows me freedom to alter those line items if their choice changes my costs. The best contracts have the fewest TBDs.

For hidden conditions, there's almost always a discussion with the HO standing there looking grim, and us waiting for approval for repairs. So, the contract says:
_Hidden conditions may require extra work not anticipated by this agreement. If owners are available to approve extra work in a timely manner, contractor agrees that he will do such work, if his schedule allows. If owners are not available, and waiting will substantially slow project progress, contractor agrees to act in the best interest of owners, to the best of his judgment. Such work will be tracked through change orders._ 

I always document those repairs on COs for the record. Customers rarely question those fixes as we show them the damage and discuss the repairs.
This contract language is home-written and may not pass muster with your lawyer but I've never had it questioned in 35 years.
Jim


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