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I am a licensed general contractor in southern california. I have a contract to build an addition to a customers home. This customer has made multiple changes to the plans. After the plans were approved for the new septic system she decides to relocate the system causing a timely and costly delay. Now four months after we signed the contract she wants to bring in a construction law manager , this was not part of our agreement and is going to cost me more time and overhead deling with , I dont agree and want out of the contract , what should I do ??
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: Telling the customer I dont agree with the construction manager or anymore paperwork and overhead.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. The owner does not get to unilaterally change the terms of your agreement. If she does not adhere to the terms of the original agreement, then she would be in default. That would then give you the right to either terminate the agreement due to that default and to have available the remedies provided in the contract in the event of her default or you can agree with the owner on new terms which would increase the contract price due to the additional work and overhead required.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
so can she legally hire a construction manager without my approval months after we entered into a contract ?
She is entitled to engage any one she wants to watch over the project on her behalf. But, if it changes the terms of your agreement with her in any way...either costing you more in terms of time or materials...then you have recourse against her. But, if he simply makes sure you are complying with the agreement as written, that would be permissible.
Experience: Attorney/Developer