Fence Contract

[Jann]

I purchased a home in Texas and hired a fence company to install a fence. I signed a contract and paid a 50% deposit. I just received an invoice from the company and the amount is $2243 more than the signed contract. When I called, I was told that he made a mistake estimating the LF on the original contract. Am I liable to pay the additional costs or can I just pay the balance owed on the contract that I signed?

 

[JETX]

It all depends on the TOTAL text in the contract. Does it say anything about allowing 'adjustments' due to errors?? Does it say anything about amendments, etc???

Call the fence company and ask them to tell you where in THEIR contract does it allow for them to adjust the price, and where it allows them to void the contract for their error.

If they can't show you BOTH of these provisions, then tell them that you expect to look out and see your new fence in accordance with the contract, or that you will have to have your fence installed by another contractor and sue them for your damages (the difference between their price and what you actually pay.... plus your 50% 'deposit', plus costs, plus attorney, plus interest!!!).

Then, if they don't 'realize their error' and complete their contract, you will need to start making your case. Send them a confirming letter (certified RRR) detailing the above demands. Give them 10 (?) days to respond. If they don't, move forward.