QLD Australian Consumer Law - Lower Price from the Original Quote?

[Rtgf]

Hi,

I am after some legal help as I have a customer who has agreed to a price and has paid the required deposit. Change the original plan now requires less material then has been dropped off on site and now they want me to lower my price and take a loss on the material.

As it wasn't me who changed the original plans and they agreed on the original plan and price, do I have to take the loss on the materials that are now not required and lower the total price under Australian Consumer Law?

 

[Rod]

You have an agreed contract. The customer can't unilaterally change it without your consent.

Best to try and work out a compromise where both parties get something from it, else your fall back position is to not do any work due to the breach by the customer and for the customer to pay you damages including lost profit.

BTW try to get something in writing from the customer about his breach so if you do have to go to court at least there is a record. Else, you send him something in writing stating what changes he is trying to make, and say why they are not acceptable to you. You need documentation in case a 3rd party (ie court) needs to work out who owes what.