Menu
Home>Levelset Community>Legal Help>plans changed enormously after contract to build was signed, can we charge more for the work that has been done

plans changed enormously after contract to build was signed, can we charge more for the work that has been done

FloridaConstruction Contract

If we did a fixed price construction contract before the plans were finalized, based on a drawing, but the plans were changed 100% by the homeowner and the price is astronomical because of the changes can we change our construction contract. We cannot build their plan for the price we agreed

2 replies

Dec 7, 2021

As a practical matter, this is certainly an unfortunate, but not unforseeable, result of executing a fixed price based on incomplete drawings, considering the many additional specs that might be added before final plans. On the other hand, as a legal matter there are likely a number of theories and defenses that would allow you to negotiate for a change in price or rescision of the agreement, such as mutual mistake.  

 You would be best served by taking the contract to experienced construction counsel to review the agreement and specific facts, and get advise on best strategy to proceed. I wish you luck.

0 people found this helpful
Helpful
Dec 7, 2021
Your agreement must have been based on an understanding between your company and the owner. If the scope of work has now changed then the amount of payment should change too. You have not provided enough information for us to give you a concise answer, so you should immediately consult with a lawyer about your particular facts to get specific legal advice. Don't delay seeking legal advice. If you don't take a stand on this right away the other side could argue that you accepted the new plans at the old price.
0 people found this helpful
Helpful