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

Asked almost 3 years ago - 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)

  1. Shawn Regis Jackson

    Contributor Level 15

    5

    Lawyers agree

    Answered . 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?

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  2. Charles Jervis Mellor

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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 (http://www.cslb.ca.gov/) 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.

  3. John Leif Fossum

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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.... more

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