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Can I recover any materials cost from a labor only estimate

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im dealing with a client who wanted me to give them an estimate before they had decided on materials they wanted put into their home. In a email I sent to her, I stated that the price will be mostly dictated by the cost of the materials they choose. I then also included in the invoice notes that "this is your labor cost for your project" they pay a deposit ( I've had material supplied by homeowners before and it's just a headache ) so I offer to get the materials for them. I bid the flooring project of about 1060 Sq ft at 3400. They choose flooring that cost 2.69 a ft. Under the impression it was clear about it being a labor price I then bought the materials. So I bought 3100 dollars worth of flooring materials and now they're acting like reimbursing me is a complete surprise. Is there any hope or am I just screwed? She's been extremely careful to not breach the contract. Which tells me she knows exactly what she is doing. I just want to get my money back at this point.

2 replies

Sep 29, 2022
It would have been better if the language specifically stated that the materials would be an additional cost, but that does not mean you cannot get your material costs reimbursed. First, do you have anything in writing that states that $X is for labor only? Second, do you have anything in writing that says materials are an additional cost? These do not need to be contractual terms…. they can be emails or text messages. You just need something that proves you gave the owner fair advance notice that she wasn’t getting the whole job for whatever you charged in labor. If you have this, then consider giving her an invoice for the material with a copy of the receipt material attached. If she refuses to pay, then file a claim in justice (or small claims) court. This $3100 is below the maximum allowed in small claims court. (The filing fees are usually less than $100 and you do not need an attorney with you for the hearing so it is a very economical way to collect small amounts like this.)
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Sep 29, 2022
Send her the invoice and demand payment.

If she does not pay then sue her in small claims court


 
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