What are the consequences if I don’t give a contractor extra money for a job that they essentially misquoted?

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What are the consequences if I don’t give a contractor extra money for a job that they essentially misquoted?

My insurance company sent me a check to get my roof repaired. I contacted a roofing company, showed the rep the insurance agreement and the check. They agreed to replace my roof for the amount of the check. They did not measure the roof prior to starting the work. They went off the measurements from the insurance documents. They realized the wrong measurements before starting the work and still proceeded and completed the job. The roofing company filed a new claim and sent in a new estimate to the insurance company. I never signed a new contract. Is there a valid court case?

Asked on October 5, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you signed a written contract for the repair of your roof with a licensed contractor for a stated amount with no signed change orders, the obligation contractually that you are responsible for is the amount that you agreed to in writing regardless of whether or not the licensed roofer made a mistake as to the square footage that the presumed bid and contract was for.

The presumed roofer contractor is a professional and has much more knowledge that a homeowner would have as to the costs for a bid. As such, you were justifiably entitled to rely on the bid as quoted that you signed a contract for.

You should contact your insurance agent about your displeasure with the contractor and ask that the insurance carrier no authorize any new money for the contractor roofer as to your home.

Good question.

 


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