Legal Question in Construction Law in North Carolina

Extra Charges

I recently recieved this email from my unlicensed General Contractor. Our contract state that changes/extras must be aggreed to in writing. Now she is telling me that I owe for extra labor costs. Next I expect we will be charged for talking to sub-contractors for their time. Can she do this? Thanks

''As for some of the extras some of the costs incurred are because Gina and Dennis did not keep the road open. She was aware that the builder and construction crew working on Lot 10 had the road blocked and therefore unaccessible to your lot because of their building materials, trucks, brush and fires. Because of this we had to have many materials dropped at the crossroad and then hand carried to your Lot. This resulted in additional labor. I would suggest that you recover these expenses from Developers.''


Asked on 6/17/05, 6:41 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Extra Charges

We really need more detail to answer this question fully. Based on the limited information presented, it is not clear whether you are responsible for the extra costs. It depends largley on what is meant by "extras" and "changes." Arguably this was not "change" or an "extra," which might be e.g. an extra room. This was just a circumstance that increased the cost to the General Contractor. It would also depend on whether this was a fixed price contract, or a "time and labor" contract. In a different vein, if the contractor is unlicensed (meaning that she is not licensed for this type of construction, and thus the construction is illegal), then the contract is void, and you do not have to pay her anything whatsoever pursuant to the contract.

Read more
Answered on 6/20/05, 5:15 am


Related Questions & Answers

More Construction Law questions and answers in North Carolina