To make a long story short...I signed a contract on Feb 8,2007 to have roof work done and now today they called and said it is gonna be $240.00 more. Could anyone who knows alot legally tell me if they can do that after signing a contract? What do I do? I need some advice please.
2007-02-20 06:57:01 · 6 answers · asked by oxygenO 6 in Politics & Government ➔ Law & Ethics
they increased the price cause they say the one material they need has increased in price since December when they price it last. Well if thats the case they should not have guareetee on the new price they the contract was signed for, right?
2007-02-20 07:38:13 · update #1
The legal answer is that a contract is a binding document that cannot be unilaterally changed by one party. You have the right to hold them to strict conformance with the contract amount. The practical answer is based upon why do they need more money? Did they find a problem they did not know existed? What exactly did you contract for? If $240 will get you a great roof and the increase can be justified by the facts, I'd pay the extra if you're happy with their work. The problem is, you do not want them to cut corners to save a few dollars on something as important as a roof. Try to get something else in return--like a longer warranty.
2007-02-20 07:12:12 · answer #1 · answered by David M 7 · 1⤊ 0⤋
Well, under contract law, there are several steps to determine if what they did was legal. But with the facts provided, I think that you have a pretty good case.
First, it appears that there was a contract. (He is fixing your roof for monetary compensation, which means there is "consideration", which means there is a contract.)
Second, and this is important- if HE signed the contract, then you should be good to go. A basic rule in contract law is: A party is bound to a signed document which he has read with the capacity to understand it. (Ray v. William G. Eurice & Bros. Inc.) Because he is (I am assuming) a professional in roof repair, he would have the capacity to understand a simple contract- he's probably seen a ton!)
However, the only things that could hurt your case are:
1. The contract was fraudulent, OR
2. He signed it under duress (he was coerced to sign it under threats of death or physical bodily injury to himself or an immediate family member) OR
3. There was mutual mistake (both of you had 2 different ideas about what you were signing, like he thought he was signing a contract about painting your house and you thought it was a contract about fixing your sink) OR
4. There is a clause in the contract that permits him to raise the price of his estimate depending upon what he finds while doing the roof work.
The first three are very unlikey, so the fourth is really your main concern. Read the contract over carefully- if there is no clause, then there shouldn't be any problems!
I hope this helped! (FYI- I am a law student who has taken a year of contract law, so my advice is sound!)
2007-02-20 07:30:03 · answer #2 · answered by Chelsea 3 · 0⤊ 0⤋
Depends on where you're located. In Ohio, they have to get your approval in writing if the final bill is at least 10% above the estimate. If they don't and do the work anyway, you only have to pay the estimate price. If they try to get your written approval and you don't agree, the contract's null and void.
I would make sure that the contract's null and void before getting anyone else. Otherwise, you have two companies doing the job (one redoing the work the other just did) and you'd have to pay both. Or one would sue you for breach of contract and collect damages without redoing the work.
2007-02-20 07:09:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you've already signed a contract, then legally you are entitled to get the job done at the price agreed. (Technically referred to as "specific performance"). If the contractor doesn't agree to do the job, you obviously cannot force him to do it, and you wouldn't want him to do the job anyway as he would probably do a crap job. At that point, get 3 estimates from local contractors, and get one to do the job a fair market value. If the amount you pay is above the contract price, you are entitled to the difference.
E.g. Contractor A agrees to do job for $2,000.
Contractor A now says it will be more are refuses to honor $2k contract price. (Breaches)
Contractor B does job for $2,200.
You are entitled to $200 from Contractor A (the amount you actually lost because of the breach).
Realistically though, may be hard to recover if amounts aren't significant enough.
2007-02-20 07:13:33 · answer #4 · answered by obamaforprez 2 · 0⤊ 0⤋
To be a legal contract, all partys must sign it. A contract can not be changed by any one party. It must have every signers consent. You can force them to keep the contract as written, but is much easer to find someone else to do the work By wonting more money after the contract is signed by all partys the main party becomes in breach of contract. Save your money, get someone else .
2007-02-20 07:17:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need the written estimate.
Personally, I'd find someone else.
2007-02-20 07:00:55 · answer #6 · answered by davethenayber 5 · 0⤊ 0⤋