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Question DetailsAsked on 9/28/2014

Can a contractor change the price of job after signing?

I was given a price with all details listed and discussed. After finally signing and deposit I was told they had under priced and would refund deposit or nullify contact if I did not want to pay more. Can they do that? I conceded to change some things to reduce the price half way to their final price?

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3 Answers

0
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Technically, no - he would be in breach of contract. However, not only would it cost you probably $1000 and probably much more to pursue it in court, but then you would have a contractor who does not want to do your job and has every incentive to take shortcuts to reduce his cost to cut his loss. Plus, if it got to court, generally if he could show he would lose money on it the court wuold hold, under the basic contract principle of equitable compensation, that he had the right to demand recission (cancellation) or more money so he would be guaranteed to lose money - so I would say taking it to court would be a losing proposition, as would trying to force him to stick to his price. Plus of course, taking it to court throws your job schedule off 6-12 months probably.


One other alternative, which commonly requires an attorney get involved to push on the bonding company, is calling his bond to get the job done by another contractor at the same cost to you. However, that is going to take more time than just getting another contractor, too.


I would nullify the contract and get All your money back, then ding the heck out of him on an Al review. IF ANY work has been done on the job, be sure to get a lien release too.

Answered 4 years ago by LCD

0
Votes

Thanks for the info..what about our loss? We got rid of all furniture curtains rug cabinets paneling as was suggested by the salesman. Also placed order for appliances that have been purchased and paid for, now will have to pay restocking fees? Who is responsible for our losses.

Answered 4 years ago by Candycane

0
Votes

Your question: "We got rid of all furniture curtains rug cabinets paneling as was suggested by the salesman. Also placed order for appliances that have been purchased and paid for, now will have to pay restocking fees? Who is responsible for our losses."


I am not sure why you would get rid of anything but maybe carpeting - what exactly were they selling you, a complete remodel including refurnishing ? I cannot imagine why you got rid of furniture, etc - curtains, panelling, carpeting might be replaced by a contractor if in his scope of work but normally not by you. And furniture would very rarely be in a private (as opposedto commercial) construction contractor scope, though could be in an interior designer scope.


The appliances should be provided to you at the contract price - purchase cost plus contract stipulated markup - if markup not stipulated in contract, then that would be on contractor to either give them to you for price you accept, keep the appliances for another job, or return them and eat the restocking fee. If YOU have already paid for them, then they have to be delivered to you - to be installed by whatever contractor you choose to finish the job.


This whole setup sounds screwy enough with getting rid of furniture and panelling and such that you should probably talk to an attorney dealing in household contract breach matters - because it sounds like you are either way in over your head in this deal, or someone is taking advantage of you.

Answered 4 years ago by LCD




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