Who pays for surprise bigger sewer line?

[markusm]

I live in OR and am adding 600SF, which includes 2 new bathrooms, to my house which already has 3 bathrooms. I was recently informed by the licensed plumber installing the new pipes that code requires that my sewer line be enlarged from 3" to 4" to accomodate the additional bathrooms. This will add around $2-$3K to my project. While the construction contract does not call out a bigger sewer connection, it states that all work will "comply with local codes regulations". The constractor's position is that this is an unforseen expense ouside of the scope of work and that I will need to pay. My position it that this should have been anticipated by them as construction professionals when making the bid, and that the expense is their responsibility. Who's right?

 

[HomeGuru]

I live in OR and am adding 600SF, which includes 2 new bathrooms, to my house. Since my existing home already has 3 bathrooms, I was recently informed by the licensed plumber installing the pipies that I now need to enlarge my sewer line from 3" to 4". While the Construction Contract does not call out a bigger sewer connection, it states that all work will "comply with local codes regulations". The constractor's position is that this an unforseen expense ouside of their scope of work and that I will need to pay. My position it that this should have been anticipated when making the bid since they are the construction professionals, and that they should pay. Who's right?

**A: the contractor is correct and is entitled to a change order for this additional work.

 

[markusm]

HomeGuru: is there a legal basis for your answer?

 

[HomeGuru]

HomeGuru: is there a legal basis for your answer?

**A: yes........