Legal Question in Construction Law in California

My husband and I are remodeling our house and entered into a contract with a construction company.

The contract is to provide the drawings for the remodel and submit for permit; provide all follow up services to obtain permit and perform the remodel per specifications contained in print.

The contractor is now unwilling to perform the addition to the stamped blueprint that was obtained through this process. He is stating that since the stamped blueprint was not finalized prior to the contract being signed that he is not bound to perform the remodel to the specifications of the stamped print. He feels he only needs to perform the services that are on the drawings we were using during the negotiation of the contract. The contract was signed in April 2008, but the prints were not finalized until July 2008.

Which would he be bound to?


Asked on 10/14/09, 1:08 am

2 Answers from Attorneys

What you attempted to do was what is known in construction law as a "design-build" contract. If it's any consolation, you are in good company with many of my clients in having that turn into a problem, and I'm not talking home remodels. I'm talking about such clients as the San Francisco Sherriff who wound up in litigation over the design-build of their new high security jail, and the contractor that built the Sonoma County waste water treatment plant.

What the contractor was bound to do for what price is going to turn on a close analysis of the contract documents. It's not something that can be done in this forum.

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Answered on 10/14/09, 2:07 am
Raymond Chandler Law Office of Raymond Chandler

The answer to your question depends on the contracts, the drawings/blue prints, and facts not provided in your question; so it is not possible to give a definitive answer without seeing these documents and knowing those facts That being said, if it is clear from the wording of the contract that the contractor agreed to perform to certain specifications contained in (or attached to) the contract, then the contractor may only be bound to perform to those specifications and not specifications that were changed after he signed. If the above is not clear, then it is open to interpretation as to what was agreed to. Generally, courts will not hold a contractor to a bid if the plans changed (through no fault of the contractor) after the bid to the extent that the original bid is no longer financially practical for the contractor.

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Answered on 10/14/09, 2:39 pm


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