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?

UPDATED: Jun 26, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption