I received a quote of $6800 to have pavers installed in my courtyard. A salesperson visited my home and estimated the job for a specific, brand name, higher priced paver. A field supervisor for the company came to my house, reviewed the project, and gave me a contract. I signed the contract, and gave a deposit of $2800.
The owner of the company called and told be that the job was not estimated properly, and there would be an additional cost of $1700 for the brand of pavers I requested. I refused to pay. The owner states that because an officer of the company never signed the contract, and the check was never cashed, therefore the contract was never executed. They are mailing my check back.
Is there anyway I can hold them to the contract at the quoted price?
1 Answer from Attorneys
You may not be able to compel performance, but you might want to recover damages in Small Claims Court, measured by the replacement costs incurred using another contractor's bid, less your current bid. So if it costs you $10,000 to have the contract performed by another contractor as originally agreed with your current contractor, your damages would be $3200.00.
Get another bid, and tell you current contractor your plans. Perhaps he will change his tune.
Your attorney can explain further.
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