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What is deemed an unconscionable contract? Can we get out of it?

Washington DCConstruction Contract

My 85 year old mother-in-law signed an agreement with a company to do repairs to her home after a fire. The terms of the agreement seem completely one sided to the company's favor. Here are a few examples: The "Total Contact Prices (excluding emergency services): $53,145.82 - subject to increase by supplemental" [all of which is handwritten by them] and not initialed. When asked who determines the scope of work in the supplemental - this is at their discretion solely. The insurance company is not paying out the full amount of the 'Supplemental'. We are told that she is now liable up to the amount of her policy insurance limit. The revised supplemental is $143,000. There are lots more of what she is required to do such as pay them or turn over any payment from the insurance company. The only term that pertains to them is the due date that states "shall substantially complete work by July 20, 2020". They say that due to COVID and to the insurance unwilling to pay, they cannot complete the work at this time and this term does not apply to them. They have not communicated anything in terms of the progress of the project or a potential date of completion or that there has been a delay. To date, they have completed approximately $11,000 in repairs from the $143K scope of work and permit fees, windows etc.... My mother-in-law has no recourse. She has no say over her house, over what is being done to her house; she has no control over the amount she will be required to pay.

1 reply

Nov 4, 2020
This may be more about whether there was any agreement on the increase/supplement than whether the term itself is unconscionable, but certainly both arguments are valid and worth making. Unfortunately, it sounds like you're going to have to sue the contractor to recover the funds -- especially since the work wasn't even completed. Feel free to contact my firm if we may be helpful. 
Steven


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Steven A. Krieger

Attorney at Law
Steven Krieger Law, PLLC
Practical Solutions. Honest Advice. For Everyone.
Consumer Protection | Family Law | Landlord & Tenant 

703.831.7707
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