Legal Question in Consumer Law in Florida

Contract

I had a Paver company give me a bid on installing and supplying pavers at my home. The Contractor came out, measured the job, gave me a cost based on the square footage, that he had measured, made an offer and we accepted. On the back of the Contract it states that the consumer must pay for additional materials if needed.

He made a 170 square foot mistake. The job is well short, and now he wants another $840 to complete.

He told me that this happens a lot, when measuring for jobs, and that I was aware that I needed to purchase extra materils if needed.

I asked him, that as he was the expert, not me, why should I have to pay for his mistake??

He responded with the same answer. Where do I stand?????


Asked on 10/12/03, 2:30 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Contract

There is nothing unusual about requiring change orders or extras on a job. The rationale is typically that the contractor has only charged the owner based on facts that they could not have determined from the beginning. In your case, according to the facts that you supplied, the consumer only has to pay for materials and not for the installation. As long as the price for the materials is reasonable, I don't see there being any problem with the contractor charging for the extra materials as long as you are not being double billed. Of course, a lawyer would really need to see the contract to give you complete and full advice. Otherwise you may want to discuss having the contractor complete the amount you paid him for and then contract with another company to completethe remainder of the job. Good luck,

Randall Gilbert

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Answered on 10/12/03, 4:54 pm


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