Legal Question in Business Law in California

Re: Contract and Payment Descrepancy

I have a couple of ideas if you want to send me an email.

Best,

Daniel Bakondi, Esq.

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Re: Contract and Payment Descrepancy

To add to the pile of somewhat conflicting answers, let me say that failure to read a contract before signing it is unlikely to produce any sympathy from the court; the reason for exchanging editable documents is to further the negotiation process. Your most-likely outcome is that a court would rule that you are entitled to recover the fair value of your services, or the contract price, whichever is less. Your decision as to whether and how to proceed may depend upon whether the contract contains an attorney-fee provision and/or an arbitration provision.

Re: Contract and Payment Descrepancy

Without knowing the contents of the contract, and specifically the sections that were changed, it's difficult to say with certainty. In general, however, court's don't like to let one contracting party obtain the benefits of the other party's performance without some compensation. It's called unjust enrichment, and courts like to avoid letting it happen. That's an argument that may work.

I'd suggest contacting an attorney in your area that practices construction law, with an emphasis on representing design professionals.

Re: Contract and Payment Descrepancy

Maybe.

It depends on how the changes were made.

The basic rule is that the language of the contract when it is signed control. You have to overcome that strong presumption by showing why you did not read the contract before you signed it.

Re: Contract and Payment Descrepancy

Nice try. You'll have to argue 'fraud' to overcome your neglect, if you want to file suit. IF the amount in question is worth getting an attorney involved, feel free to contact me. Otherwise, file in small claims court and hope for the best.

Re: Contract and Payment Descrepancy

There may be several options available to you to collect. Much will depend on the actual language of the added term and the amount in controversy. Contact my office directly for a free consultation. We focus on construction law.

Good luck.

www.socalconstructionlaw.com