Legal Question in Real Estate Law in Florida
building construction contact disagreement
We signed a Construction contract last August 2001 with a reputable builder. We are about 6 to 8 weeks from closing and now he states that a mistake has been found in our signed paper work. We have a Work order that was written by the builder that first states the sq. ft of concrete we were entitled to at no charge, and then on the second line the word ''concrete'' was removed and replaced by ''new reconfigured entry walkway and driveway as shown on plans, please see attached sketch XYZ''. The new driveway was larger and we were charged per additional sq. ft. The sketch is clearing marked, ''Pavers'' both on the driveway and the walkway. We thought the price was fair and signed the work order along with a company rep. Now when the Pavers should be ordered, the pricing dept. says that the work order is written wrong and that there should have been an additional charge for the pavers. They say they're sorry that the signed blueprints and work order with sketch was marked ''pavers''. However, they aren't willing to stand by their error. Are we entitled to the pavers or do we have to settle on a concrete driveway?
2 Answers from Attorneys
Re: building construction contact disagreement
The builder should pay for its mistake. It appears you entered into an agreement based, in part, on the representations made in the pertinent documents. The builder now admits it made a mistake, but does not want to take responsibility for its mistake. In fact, it wants you to pay for the mistake. Depending on the amount in controversy, you may want to deal with the issue now or pay it under protest and seek reimbursement in the future. Perhaps the builder is willing to throw in a few other extras to compensate for your trouble. Good luck.
Re: building construction contact disagreement
They may now claim a mistake but you do not have to agree with them. Your alternative is to pay it under protest and seek reimbursement later or argue with them now. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
