I am in Massachusetts
A few months ago we had a new roof put on the house.
The dispute involves the contractor charging an additional amount that was not on the original invoice. I will try and be clear as possible
Evidently there are 3 parts to the edge of a roof: A, B, and C. The contract we signed clearly stated that A, B, and C would be installed at a charge of $6.75 per linear foot. When we got the invoice there was the charge for A, B, and C for 6.75 per foot (this is fine). There was also an additional charge for just C at $1.50 per linear foot which amounted to $1,500. This additional charge was not mentioned anywhere in the contract that we signed nor were we notified of this nor were any amendments signed authorizing such an increase in price. The invoice was just dropped in our mailbox after the work was done.
We sent the contractor a check for everything that we owed except for the 1,500. With it we included a letter explaining our side of the story and why we thought that the $1,500 was unjustified. In the last line of my letter I wrote “Therefore we ask that you accept our payment as satisfactory.”
We received no response from him and the check was cashed a couple days later. About a week later we received a notice that we had to appear in Small Claims Court.
Here are my questions:
1) Does he even have a case?? Nowhere on the contract was there anything mentioned about charging an additional 1.50 per foot for just C. In fact, it clearly stated that A, B, and C would be installed at 6.75 per foot.
2) I’m trying to think of any reason why he would win: is there some kind of implied contract going on here? Is there any case law that would give an edge to the contractor over the homeowner?
3) Does “Accord and Satisfaction” apply here since he did in fact cash the check for the reduced amount? Is my line at the end of the letter (“Therefore we ask that you accept our payment as satisfactory.”) enough to bring A and S into play?
Thank you for your time and advice!
A few months ago we had a new roof put on the house.
The dispute involves the contractor charging an additional amount that was not on the original invoice. I will try and be clear as possible
Evidently there are 3 parts to the edge of a roof: A, B, and C. The contract we signed clearly stated that A, B, and C would be installed at a charge of $6.75 per linear foot. When we got the invoice there was the charge for A, B, and C for 6.75 per foot (this is fine). There was also an additional charge for just C at $1.50 per linear foot which amounted to $1,500. This additional charge was not mentioned anywhere in the contract that we signed nor were we notified of this nor were any amendments signed authorizing such an increase in price. The invoice was just dropped in our mailbox after the work was done.
We sent the contractor a check for everything that we owed except for the 1,500. With it we included a letter explaining our side of the story and why we thought that the $1,500 was unjustified. In the last line of my letter I wrote “Therefore we ask that you accept our payment as satisfactory.”
We received no response from him and the check was cashed a couple days later. About a week later we received a notice that we had to appear in Small Claims Court.
Here are my questions:
1) Does he even have a case?? Nowhere on the contract was there anything mentioned about charging an additional 1.50 per foot for just C. In fact, it clearly stated that A, B, and C would be installed at 6.75 per foot.
2) I’m trying to think of any reason why he would win: is there some kind of implied contract going on here? Is there any case law that would give an edge to the contractor over the homeowner?
3) Does “Accord and Satisfaction” apply here since he did in fact cash the check for the reduced amount? Is my line at the end of the letter (“Therefore we ask that you accept our payment as satisfactory.”) enough to bring A and S into play?
Thank you for your time and advice!