Legal Question in Construction Law in California

I was told by my contractor that I live in a high fire risk zone that would add $900 to the cost of a window. I signed an for the increase in an amendment to our contract that included the reason (fire zone requirements). Within hours, I researched my property with the local Building and Safety office and found that I am not in a high risk zone. I forwarded that information, including a map sent to me by the County to the contractor. He has been silent on the issue. Does he have grounds to demand the extra $900, though the premise of the contract (fire code requirements) was false? Thank you.


Asked on 7/17/15, 8:07 am

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Since the increase was based on an error, the contractor should reduce the amount. The contractor and you were mistaken about a fact upon which the price increase was based. Mistake of fact is grounds to invalidate an agreement. It is also possible that the contractor tried to defraud you. He will of course deny that and it will be difficult to prove. Fraud is also grounds to invalidate an agreement.

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Answered on 7/17/15, 8:49 am


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