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Is advance notice required for work not bid?

My swimming pool contractor presented me with a bill for a rock clause in excavating a swimming pool at our house. It was only at that time (first time) that he informed me his subcontractor billed at $1,350 an hour. When I expressed surprise, he said, you agreed that this rock clause cost would be extra. Did he (contractor) have an obligation to inform me of the hourly rate and get my approval before the work was done? Thank you.

1 reply

Mar 9, 2020

Ultimately, that'd probably come down to the terms of the contract. If the contract allowed the contractor to sub out work, and if it didn't require the contractor to present the owner with the proposed bid for the work, then the contractor would be free to proceed as necessary. However, if the contractor acted in a way that was inconsistent with their rights and obligations with the contract, then they may well be in breach of the contract. Generally, though, it's accepted that contractors may need to sub out some work, and it's also understood that unforeseen circumstances may bump up the price of construction. And, unless the contractor is required to get approval for necessary changes within the original scope of work, that contractor is usually given a fair amount of latitude to get the job done, within reason. Plus, when the contractor is explicitly given permission to sub out specific work - like if rocks are encountered during excavation - then it'd seem like an uphill battle to argue that they've acted improperly. With that being said, a contractor should provide a reasonable option for completing the work. So, if the price of work is far out of line with normal market prices for that sort of work under similar circumstances - then the contractor may be out of line. In that case, an owner might be right in arguing the contractor should've found a reasonable price for that work and could be entitled to have their contractor shoulder some of that load.

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