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Can my contractor ask for more money after choosing roof shingles from samples he provided?

Irvine, CA |

My contract included new roof replacement. After several days of working on the sheeting, my contractor drops off 2 types of shingles samples and asked me to pick from them. Over a week later, I chose one, turned out it was the pricier one. He told me it was going to cost me more for that one. I disagree with the price increase as he didn't stipulate this price increase before and during the week he provided me with the samples. Does he have the right to do that?

Attorney Answers 3


Do you have a written contract? If so, it is controlled by the writing. Without reviewing the document, it is impossible to tell you what it says about the price of shingles. Contracts may be negotiated or re-negotiated by the parties. Read your contract and talk to the contractor, if you don't like the deal, you can look for a new contractor, or negotiate a firm price with this one.

This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.

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Yes, indeed, a written contract would be necessary to provide a reasonable answer. In addition, you may want to reconsider whether or not there were any "representations" as to the type of shingle when the original estimate was approved...and/or if the two products are actually priced the same in stores or online. Any questions?

By Grace...
Shawn Jackson ESQ. (707) 584-4529
Business Development Attorney EMAIL:

No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided neither is legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.

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If you are dealing with a licensed contractor there should be a written contract, The terms set forth in that document will provide a basis for materials and costs. Reviewing that document would be required before a definitive answer could be provided.

In addition, the California Contractors State License Board ( can provide assistance in situations such as this. You can check the status of a contractor and/or file a complaint on the State website.

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