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I recd, signed & paid invoice from contractor. The actual…

Customer Question
I recd, signed &...

I recd, signed & paid invoice from contractor. The actual contract had higher prices. Which has precedence, contract or invoice?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Calif

Lawyer's Assistant: Has anything been filed or reported?

To a legal authority? no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The contractor, of course, says we owe the higher prices

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
10/5/2017
Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
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Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California and federal law.

Generally, a contract will prevail over an invoice, unless there is language in the contract which states that the contract price may be adjusted based upon actual costs.

However, if you received an invoice which indicates that it is the "final" invoice, or similar, and you paid that invoice, then that would operate as a modification of the original contract, which is signed by you and would likely take precedence over the contract.

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