Legal Question in Construction Law in California

charges over and above bid

The agreed written contract price was as follows;

Remodel kitchen, replace all windows, restucco exterior

$ 59,156. Remove existing patio, and room addition $ 136,900 (1575 sq. ft.). The addition included 2 bedrooms, and 2 baths, and a family room.

The contract was signed 9/29/04, work was started 4/13/05, final inspection 8/29/05. The contractor came to me on 8/23/05 and said he had made a mistake on his square footage calculations and that he needed an additional $ 82,220, but that if I agreed that he would take $ 50,235. I told I would not pay any additional cost over what was agreed to. I told him that the contract was based on the job and not the square footage, and that it was not the time to be adding that large of an amount of money. I also told him that if it were included in the original price that I would not have agreed to do the work. I paid him his final check on 9/29/05.Total paid to contractor on time $196,056. I do not feel that once the contract is signed that it can be changed by one person.


Asked on 12/05/05, 4:43 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: charges over and above bid

You haven't really asked a question, but your understanding seems to be well-founded. For an analysis you can rely on, you'd have to provide your contracts and many other facts to an attorney. If the contractor has recorded a lien on your property you should certainly retain an attorney.

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Answered on 12/05/05, 4:52 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: charges over and above bid

In generally, one party cannot arbitrarily modify a contract without the consent of the other party. Unless you knew about the contractor's mistake all along, chances are that you shouldn't be required to pay any extra money.

Now for the HUGE caveat: it is impossible for an attorney to interpret a contract that he/she hsan't ready. There, you should see a local construction law attorney to review the contract and get specific advice after all of the facts have been discussed.

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Answered on 12/05/05, 4:53 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: charges over and above bid

Well how far off were the square footage calculations? If they were substantial, than that mistake could warrant an increase in price. However, the amount stated indicates a pretty gross mistake and the mistake was his. Finally, did you pay under any type of reservation? or did you just pay it and waive any allegation of breach of contract? He will argue waiver...

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Answered on 12/05/05, 8:45 pm


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