If I signed a contract for services quoted due to the low price but the company now says the price was a math error and I will be required to pay more?
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If I signed a contract for services quoted due to the low price but the company now says the price was a math error and I will be required to pay more?
I recently enlisted the services of a moving company who raised their estimate upon pickup due because I wanted to ship more items. I signed a binding contract for the new total that both parties believed to be correct and paid 50% upfront. They are now saying that I owe them more money than the final quoted amount because they incorrectly totaled the line items. Moreover, the value of their error is more than the value of the new items and defeats the reason for shipping them. The contract states that I owe 100% of the total amount. Do I owe them the stated total quote or the sum of lines?
Asked on June 26, 2012 under General Practice, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you and the representative for the moving company signed a written contract for a stated amount prepared by the moving company, any error or ambiguity in the contract is construed against the person who prepared the document.
From what you have written, you have a binding agreement for the amount agreed upon regardless of any claimed error by the other side. If the moving company will not honor the agreement it entered into with you, your option is to hire another company to move your belongings and sue the first moving company for the difference between the two contract prices which would be your damages.
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