Legal Question in Construction Law in New York

Re: Contract Law

The law of mistake is subtle, and resolved based on all of the relevant facts. If the mathematical errors are all behind the scene--for example, if the errors were committed by the contractor without the homeowner knowing or having reason to know of the error, then the contract will be enforced as written. If the error is a computational one that is evident on the fact of the contract (e.g., total price = $100,000; 40% down = $20,000) the contract would be enforceable as intended, using an action to reform the contract to correct the mistake. If you are dealing with an owner so unreasonable as to try to hold you to an error that is obvious on the face of the contract, I would suggest that you walk away from a losing situation. In neither case is the contract void.

Re: Contract Law

There are exceptions such as mutual and/or unilateral mistake which may allow for either a rescission of contract or amendment to reflect the actual intent of the parties. You should however consult an attorney.