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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3175
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have a contract question I signed a contract that is missing

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I have a contract question I signed a contract that is missing supplements disclosure's in the contract the area of the contract for expecting payments is blank. The original number of cost in the contract was paid in full. Now they claim that they are owed supplements on the repairs. They are not part of the binding of the contract.

Was this some type of form contract and the "supplement" part of the contract was simply left blank?

Did you ever orally agree to these "supplements"?

Customer: replied 4 years ago.

No. The contract was for a specific amount that was paid in full. However there was no detailed in the contract for any supplement costs included in the contract. It has a window for payment schedule but nome were disclosed in the contract.

Usually a party is strictly bound by the written terms of the contract. In contract law, there is something known as the "parole evidence rule." This means that a party to a written contract can not rely on evidence outside the written contract which contradicts or adds to the written terms of the contract. In addition, contracts are construed against the party which wrote the contract. Since these supplement costs were not specified in the written part of the contract, you can easily simply deny that these costs were ever agreed to, and you are not liable for them. If they did decide to try to sue you for these costs, they would lose based on the above. They are bound by the strict written terms of the contract, and their failure to specify these supplement costs is their fault.

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