Legal Question in Construction Law in California
verbal misunderstanding
i am having a pool built and according to my contract they sub-out for the decking. i spoke to contractor over phone and told him of extras that i would like. he gave me a price of $2000. i agreed and he did work. now he is telling me that that was an additional $2000 to the written contract $2000 to make $4000. i told him that he never said 4g's total and that this was a misunderstanding and there is problems with his work as well. he told me that i should go after pool builder and that i owe him the money or he will sue me. i never signed for addtl amount above contractual $2000. i also informed him that since the finished work, i had to have someone repair some of the work that he had done and that cost me an addtl $1000.
do i owe him? what are my chances in small claims?
1 Answer from Attorneys
Re: verbal misunderstanding
If you asked for extras, as you said, and received them, then this is in addition to whatever the written contract called for. You would, of course, be able to deduct for legitimate repairs to the work.
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