You hired a contractor. They quoted a price. You agreed. The job is done — and now they’re demanding more money.
This happens thousands of times across Australia every year: tradies, builders, consultants, and freelancers finishing work then claiming the agreed price doesn’t cover what they actually did. Sometimes the claim is legitimate. Often it’s not.
What the Law Says About Agreed Prices
Under Australian contract law, an agreement is binding once both parties accept the terms. If you agreed to pay $5,000 for a bathroom renovation and the contractor accepted that price, that’s the contract. The contractor cannot unilaterally change the price after the fact simply because the job took longer or cost them more than expected.
You are only required to pay what was agreed in the contract, unless:
- You authorised additional work in writing
- The contract includes a valid variation clause that was properly followed
- Unforeseen circumstances arose that fundamentally changed the scope (rare)
- You agreed verbally to extras and the contractor can prove it
If none of these apply, the demand has no legal basis.
When a Contractor’s Claim Is Valid
Not every post-job demand is a shakedown. There are legitimate scenarios where you may owe more than the original quote.
Authorised Variations
If you asked the contractor to do additional work during the job — install an extra power point, use higher-grade materials, extend the deck by two metres — and you agreed to pay extra for it, that’s a valid variation. The contractor is entitled to payment even if nothing was put in writing, though proving a verbal agreement is harder.
What makes a variation enforceable:
- You requested work outside the original scope
- The contractor informed you there would be an additional charge
- You agreed to proceed knowing the cost
- The work was actually completed
If the contractor can demonstrate these elements through texts, emails, or witness testimony, the extra charge stands.
Contract Variation Clauses
Many written contracts include a variation clause allowing the contractor to charge more if certain conditions arise. Common examples:
- “Additional costs due to unforeseen site conditions will be charged at $X per hour”
- “Variations must be approved in writing by the client before work commences”
- “The contractor may adjust the price if materials costs increase by more than 10%”
The key question: Did the contractor follow the process set out in the contract? If the clause requires written approval and they proceeded without it, the variation is typically not enforceable.
Unforeseen Circumstances (Rarely Applies)
Australian courts recognise that truly unforeseen circumstances can sometimes justify a price adjustment — but the threshold is high. Discovering asbestos during a renovation, finding the ground composition completely different from what was visible, or encountering structural damage that makes the original scope impossible are examples.
What does not qualify:
- The job took longer than expected
- Materials cost more than the contractor anticipated
- The contractor underquoted to win the job
- The work was harder than they thought
These are commercial risks the contractor bears. Getting the quote wrong does not create a legal right to charge you more.
When You Can Refuse to Pay
If the contractor’s demand does not fall into one of the valid categories above, you are entitled to refuse.
No Written Variation
If your contract required variations to be approved in writing and the contractor did extra work without getting your signature, you are not obliged to pay for it. The contractor took a commercial risk by proceeding without authorisation.
Scope Creep Without Agreement
Scope creep — where a contractor gradually expands the work beyond what was agreed — does not create a payment obligation unless you explicitly agreed to each addition. If the contractor decided on their own initiative to “upgrade” materials, add features, or redo work to a higher standard than specified, that’s their choice, not your debt.
Poor Quality or Incomplete Work
If the contractor is demanding more money while the original job remains incomplete or defective, you have a strong basis to refuse. Australian Consumer Law requires services to be provided with due care and skill. A contractor who hasn’t met that standard has no grounds to demand extra payment.
Verbal Agreements You Dispute
If the contractor claims you verbally agreed to extras and you have no memory of that conversation, it’s their burden to prove the agreement existed. Absent evidence, a disputed verbal agreement is unlikely to be enforceable.
What to Do When a Contractor Demands More Money
Review the Contract
Pull out the written agreement (if one exists) and read it carefully. Look for:
- The total agreed price
- What work was included in that price
- Any variation clauses
- Any provisions about additional costs
If there’s no written contract, reconstruct what was agreed by reviewing quotes, emails, text messages, and any other correspondence.
Identify What Was Authorised
Go through your communications with the contractor. Did you approve any additional work? Did you agree to any changes? If yes, what was the agreed price for those changes?
Be honest with yourself. If you asked for extras and agreed to pay more, the contractor’s claim may be valid even if you didn’t expect the final bill to be this high.
Request a Breakdown
If the contractor’s demand is vague (“I need another $3,000 for extras”), ask for an itemised breakdown showing:
- What additional work was done
- When you authorised it
- What the agreed price was
- Evidence of your approval (emails, texts, signed variation forms)
A legitimate claim will be supported by documentation. A contractor who cannot provide specifics is likely trying it on.
Respond in Writing
Do not ignore the demand. Send a clear written response setting out your position:
- Acknowledge receipt of the demand
- State what you agreed to pay and why
- Identify any disputed items and explain why you dispute them
- Offer to pay any amounts you genuinely owe
- Refuse to pay amounts that were not authorised
Keep the tone professional and factual.
Negotiate if Appropriate
If there’s a genuine grey area — you did ask for some extras but the price seems inflated, or you agreed verbally but can’t recall the exact amount — consider negotiating a compromise. Paying a reasonable sum to resolve the dispute may be cheaper and faster than fighting it.
What Happens If You Refuse to Pay
If you refuse to pay and the contractor believes they’re entitled to the money, they have several options.
Demand Letter
The contractor may send a formal letter of demand threatening legal action if you don’t pay. This is not a court order. It’s a negotiation tactic. You are not required to comply simply because a letter arrived.
Tribunal Claim
For amounts up to $10,000 (NSW, VIC), $25,000 (QLD, WA, SA), or other state-specific limits, the contractor can file a claim in the relevant civil tribunal. You’ll receive a notice to appear and will need to present your defence.
Security of Payment Claim (Construction Only)
If the work falls under security of payment legislation in your state, the contractor may issue a payment claim and potentially suspend work or seek adjudication. This process is fast and technical — if you receive a payment claim under this regime, seek advice immediately.
Debt Recovery or Court
For larger amounts, the contractor may engage a debt collector or file a claim in the District or Magistrates Court. Court proceedings are slower and more expensive, which often motivates both sides to settle.
How ClaimDone Helps
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- Cites relevant contract principles and consumer protection provisions
- Offers to pay any genuinely owed amounts (if applicable)
- States your position clearly and confidently
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Key Takeaways
You are only required to pay what was agreed. A contractor cannot unilaterally increase the price after the job is done simply because it cost them more than expected.
Variations must be authorised. If you didn’t approve additional work, you don’t owe for it — even if the contractor claims it was necessary.
Follow your contract. If the contract requires written approval for variations, verbal agreements may not be enforceable.
Respond in writing. Ignoring a demand doesn’t make it go away. A clear, documented response protects your position.
Negotiate where reasonable. If there’s genuine ambiguity, a compromise may be faster and cheaper than a tribunal hearing.
Get help if needed. For high-value disputes, complex construction claims, or matters involving security of payment legislation, consult a lawyer experienced in contract disputes.
A contractor demanding more money after finishing a job doesn’t automatically have a valid claim. Review your contract, identify what was actually authorised, and respond with confidence. If you need a professionally drafted response fast, ClaimDone's Legal Response service delivers in 60 minutes for $79.
Frequently Asked Questions
Can a contractor charge more if the job took longer than expected?
No. If you agreed to a fixed price, the contractor cannot charge more simply because the work took longer than they anticipated. Time estimates are the contractor’s responsibility. You only owe extra if you authorised additional work outside the original scope.
What if I verbally agreed to extras but can't remember the price?
If you genuinely agreed to additional work but didn’t discuss price, the contractor may be entitled to a reasonable amount for that work. However, if you dispute that any agreement was made, the contractor must prove the verbal agreement existed — typically through text messages, emails, or witness evidence.
Do I have to pay if the contractor threatens to put a lien on my property?
Threatening a lien does not create a legal obligation to pay. In some states, contractors can register caveats or claims over property for unpaid building work, but this requires following specific legal processes. If you believe the demand is invalid, you can dispute it. Do not pay simply because of a threat.
What happens if I refuse to pay and the contractor takes me to tribunal?
You will receive a notice to attend a tribunal hearing. You’ll need to present your evidence showing what was agreed, why the additional charge was not authorised, and any defences you have. ClaimDone’s Tribunal Response service can prepare your full defence pack so you can represent yourself confidently.
Can I withhold payment if the original work is defective?
Yes. If the contractor has not completed the work to an acceptable standard or the work is defective, you are entitled to withhold payment until the defects are rectified. Under Australian Consumer Law, services must be provided with due care and skill. A contractor demanding more money while the original job remains substandard has no legal basis for that demand.
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