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Contractor wants me to pay more than what is agreed upon in the contract

Irvine, CA |

I hired a contractor to add on 1,700 sq foot to my home ($120 per sq ft). We have a signed contract that states the total cost plus date it has to be completed by.

He recently sent me another bill for the toilet, bath tub, vanity and bathroom tiles. Are these things suppose to be already included in the $120 per sq ft?

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Attorney answers 3


That's really going to depend on the terms of your contract. You need to look at the terms of the contract and determine if those things were included or excluded. This is usually spelled out in terms and conditions, addendums and/or any other documents which the contract references as being incorporated (such as plans and specs). It's not unusual to see fit and finish items excluded. Or, they may be included as an "allowance" or option but if you upgrade materials you want to use, the contractor would have the right to request the balance. I would suggest you have someone review your contract if you can't readily determne the answer yourself.


The answer to your question will be found in the terms of your agreement. If the agreement has language that can be clearly interpreted to mean that those items are included in the $120 per sq ft rate, then yes. If the language of the agreement can be reasonably read to mean that those items are not included in the square foot price, then you have a problem.

You should have your contact reviewed by an attorney to assist you in determining what your rights may be under your agreement.

Good luck to you.

Pedersen McQueen, APLC is an Irvine, California law firm assisting clients in all Southern California counties.

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As the others said, it depends on your contract.
Often, fixtures are excluded because of the wide selection available and the variation in the price of such items. There are literally dozens of different toilets available, so it would be unusual for the contractor to include a specific item like that in the contract.
If there is a specific model included, and you chose something different, then it might result in a higher price.
The only way to really answer this is to have your contract and the invoices reviewed by an attorney with construction law experience.
Feel free to give me a call if you want a brief consultation.
Tel: 310-451-2424 or 909-455-1194