You will have to pay for the work even if you do not speak on the price

You will have to pay for the work even if you do not speak on the price

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Consumers often contact our consumer clinic with questions like:.Is such a contract valid?How do I find out how much we should pay in the end? ”The answer is simple: the contract is valid, so you often find the price just before paying.But the law remembers such situations.

The price of the work should correspond to the usual remuneration for a similar service at a given location.The unknown price does not cancel the contract but causes problems.The idea of what is the usual price is usually quite different between contractors and customers.Thus to agree on the price in advance as a basis, even if this is not a legal condition.

Sometimes, however.The bricklayer gets the task of reconstructing an old bathroom but does not know what is hidden under the tiles.In such cases, the price is determined with the consent of both parties estimated which of the logic of the matter admits that the result will be slightly different.But it has its limits.It cannot be estimated that the repair will cost a few hundred, and charge several thousand.The Civil Code says that if the Contractor finds after the conclusion of the contract that the price set by estimation must be significantly increased, it must notify the Client and justify.If it does not do this without undue delay after the need to exceed the estimate is not entitled to pay the difference.

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To illustrate, let's give you an example: if the craftsman submits an invoice with a 20% increase after the estimated price after the bathroom reconstruction without warning you during the work, you don't have to accept it.Although there are objective reasons - for example, concrete was too stiff and damaged the tools, it is not entitled to pay the difference in price.If the craftsman notified the customer to increase the price immediately when you find an unexpected complication, the customer offers two options.The first is that the amount will not be contradictory to show that it agrees to increase the price.The second option is the withdrawal from the contract and pay only what has been done so far.Sometimes, however.It is usually reported that it is an estimated price of ten or more.But it will depend on the specific value of the order.

For more complicated, especially construction and reconstruction work, it is common and recommended to negotiate the price according to the budget showing individual items, work and their price.If a fixed price or price is determined in advance, none of the contracting parties can require a change, even if more effort and cost are required than expected at the beginning.Only if there was a completely unpredictable circumstance that would make the work significantly more difficult (for example, in July, it was freezing, in November there were extensive floods), the court may decide to increase the price.

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But there is a certain inconspicuous formula that can be bypassed of strict budget conditions, and that is necessary to be careful.The Contractor may propose the budget with reservations and assign it to the contract or conditions under such a sign.If the contract or order is entered to reservation that the completeness of the budget is not guaranteed or that the budget is non -binding, the Contractor may request a price increase.In the case of an incomplete budget, the price may be reflected in advance of unforeseen work and activities;.

If the customer disagrees with such an increase, the price is determined by the court, which is always unpleasant and will become more expensive.Even in the case of non -war and incomplete budgets, the contractor must report changes without undue delay, otherwise he is not entitled to pay them.In turn, the Client can withdraw from the contract without undue delay if he / she learns about higher costs that exceeds 10 % of the price of the original budget.

There may be one more unexpected situation in case of construction.If there is a hidden obstacle (for example, a forgotten landfill of chemicals or archaeological sites), the Contractor may propose a change of contract, including price change.The work may interrupt the work and unless there is an agreement, any party can withdraw from the contract.But the contractor is entitled to pay the price for what he has already done before the obstacle is discovered.

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