I am a small fence contractor, recently I did a job where a customer had wanted a 4 foot tall fence. The first contract I had sent out had the fence height listed as 4' tall, which is what he had wanted. The customer agreed on the contract and then decided to make changes to the area of the fence. On the second revised contract, I accidentally wrote that he was getting a 5' tall fence rather than a 4' tall fence. (he was still only paying for a 4' tall fence.)
We built the customer a 4' tall fence (which is what he had wanted), finished the job, collected payment, and the customer was very happy with the fence. Now a week later, he is demanding compensation (money or a 5' tall fence) because the latest contract he was sent stated he was receiving a 5' tall fence, even though he accepted the original contract and had wanted a 4' tall fence to begin with.
I understand I made a mistake on the contract and I am willing to compensate the customer to protect my reputation, but am I legally obligated based on the typo on the contract to compensate him?
I suggest taking the original and revised contract to an attorney for review to discuss you options moving forward.
NOTE: This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on Illinois Law. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
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