Ever found yourself in a situation where you have provided an estimate for your services, but felt uncertain if you underquoted your client? Maybe you didn't have all the necessary information? Maybe your client requested additional work or changes to the work as the project progressed? Either way, will you be able to collect payment for amounts in excess of your original quote? The best answer: it depends.
While you may be bound by an estimate in some circumstances, the Supreme Court of Canada has said an estimate is not a guarantee or warranty at law. The Court will review each case on its unique facts. Some situations where a contractor might not be bound by an estimate include:
- Where work is performed that is outside the scope of the contract at the customer's request;
- Where a client by its conduct increases the amount of work;
- Where unforeseen circumstances add a new or unexpected dimension to the work; and
- Where a contractor has insufficient information but clearly identifies the limitations of their estimate.
These factors were all at play in Pillar Resource Services Inc. v PrimeWest Energy Inc., 2014 ABQB 317. Pillar provided estimates to PrimeWest based on incomplete information and was hired to perform certain work. Pillar completed additional work and was forced to accelerate the schedule of the project at the request of PrimeWest. The amount invoiced by Pillar was significantly higher than their original estimate. PrimeWest refused to pay. The Court found that because Pillar's estimates were based on limited information provided by PrimeWest, they were inadequate for a complete or specific estimate. In addition, PrimeWest was not induced by these estimates. In the end, Pillar was able to recover the total amount invoiced. The Court also explained that simply because an estimate is inaccurate does not expose a contractor to liability unless that estimate was made with a lack of skill, competence, or diligence.
How does this decision affect you?
Giving an inaccurate estimate does not necessarily limit your invoices to the estimated amount. Being open and forthright when providing an estimate, communicating any limitations or uncertainties, and providing regular updates to your client may protect you in the event your final invoice exceeds your original estimate.
If you find yourself in a dispute over an estimate or are in the process of preparing one, Field Law recommends speaking with a lawyer to ensure you are paid for your hard work.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
