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socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37840
Experience:  Retired (mostly)
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hello and thank you, we entered into a guaranteed maximum

Resolved Question:

hello and thank you,
we entered into a guaranteed maximum price contract that was fine until we incured things that were never in the original scope of work, for instance there was no ledge we incountered aprox $60000.00 of ledge removal to facilitate the job. no lighting on the exterior of the building was on the original scope of work then the owner and architect wanted lites on the exterior. roof drains were added to the project when the architect realized that what he had on the print were not sufficent to drain the roof properly. we discovered unsuitable earth in an area ,showed it to the engener and was told to remove it a put i suitable fill for structural reasons. none of this was in the original scope of work that we bid on. your advice in this matter is greatly appreciated
Submitted: 7 years ago.
Category: Business Law
Expert:  socrateaser replied 7 years ago.

A unilateral change in specifications entitles the builder to refuse performance until the contract is modified to include the change. If the builder makes the change without complaint, it is implied that the parties have accepted a modification based on mutual good faith.


I can't tell from your facts whether or not you have simply done the extra work without demanding additional compensation. If you have, that was a big mistake.


Hope this helps.


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