Legal Question in Business Law in Texas

Is an estimate equal to an invoice

We got an estimate on tree trimming (clearly marked estimate). 2 days later they did the work, wrote us an invoice, and we paid it. The next day they claimed we owed $50.00 more than the invoice because of the estimate. First the estimate giver wanted a check made out to him personally for the $50. My husband said no. Then when we asked for copy of the original estimate; they sent a newly written one falsely marked invoice.

We requested the original again, they finally sent it but stated the worker did not look at our check (insinuating we had written it wrong). No we did not, we paid what he wrote the invoice for, we have the invoice he wrote out. Are we obligated to pay the extra $50? The whole thing seems unprofessional.


Asked on 8/31/04, 10:40 am

1 Answer from Attorneys
Charles White Charles G. White

Re: Is an estimate equal to an invoice

My interpretation of your question is that the original estimate was for $100. The original estimate can be interpreted to be one of two ways.

First, an estimate may be intended and understood to be just that -- an estimate, but not necessarily the actual amount which will be owed. In that event, a reasonable and customary rate would be applicable, in which event, if it took only half as much work, you presumably would owe only $50 -- or if it took twice as much work as originally estimated, you presumably would owe $200.

Second, it can be intended and understood that the estimate is to be the price for which the work is to be done. If so, you would owe $100. If a mistake was made in the invoicing, it generally can be corrected.

The question is: Was your deal made under scenario #1 or scenario #2. Be careful, because under #1, you might owe more than $50. If it was scenario #2, then you are right in holding them to it. If it was supposed to be $100 and they made a mistake in the invoice, then be honorable and pay it.

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Answered on 8/31/04, 10:58 am


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