Legal Question in Construction Law in Florida

Non-approved cost overruns
Homeowner accepts quote from contractor with specific language stating ''any alteration or deviation from quote involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate''. Contractor submits final bill more than $1,000 over the agreed upon price, catching the homeowner off guard. Is the homeowner liable for these charges?

Asked on 12/14/05, 8:03 pm

Randall Gilbert Gilbert & Caddy P.A.

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Re: Non-approved cost overruns

It depends, Exceptions to the written change order requirement have been found in cases involvingthe following circumstances:

� Waiver of liability for the extras,

� Owner defaults compelling Contractor to perform additional work,

� The work is mandated or necessitated by the Health Department,

� The extra materials were necessitated through the act or omission of the owner or his agent in preparing erroneous plans and specifications.

� Extras made out of necessity in order to conform to the contract and specifications

� Extra work done in addition a construction contract when there is no condition that extras be in writing, e.g. an oral construction contract.

Good Luck,

Randall Gilbert

Answered on 12/14/05, 9:04 pm

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