Legal Question in Construction Law in California

Not Honoring Written Contract

We hired a licensed contractor to build a 61' block wall for us.

We had several conversations with the contractors about what color bricks to be used on the wall. The written contract we signed specifies the brick color to be tan, we even picked out the color from a chart for them.

We signed the contracts, paid our deposits and construction started. Instead of the tan bricks specified in the contract, they used grey.

When we asked then why the wall was a different color, they stated we had made a verbal agreement with them to make the wall grey. They stated it didnt matter what the contract stated.

My wife and I do remember having color conversations with them, but no decisions were made. We assumed our wall would be built to what was outlined in the contract.

I dont feel I should have to pay the full contract amount for a color I didn't order.

Any suggestions or advice ?


Asked on 8/15/02, 4:58 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Not Honoring Written Contract

Although there is probably no difference in value of a gray wall versus a tan wall, you still have a right to what you contracted for. Now the problem is getting the contractor to abide by this contract. You can be assured of heavy resistance to fixing the problem because it would essentially mean ripping out the old wall and putting in a new one.

I do, however, see a problem. Once you saw that the bricks being used were gray, rather than tan, why didn't you immediately stop the workers and let them know that it was the wrong color? A court or jury could interpret this lack of action on your part as acquiescence to the alleged verbal change and, now, after the project is complete, you've decided that you don't like the gray afterall.

You can go to court to try to get damages for breach of contract, but you'd better have a pretty good reason on why you didn't stop the workers.

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Answered on 8/15/02, 11:55 pm


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