Is it reasonable to ask for more than refund in contract dispute?

What is the name of your state (only U.S. law)? IL

I signed a contract with a company to install three countertops. One item is to install a countertop from a particular color and quality of material, together with two vessels, for $1400. The company did not say anything about how they will get that material. Their price seems much lower than other companies' quotes (those are generally at least $200-300 higher) so I went with them.

Three days before the installation, they called me and said when they signed the contract, they thought they could buy the material in a small size, but now they found out they can only buy it in large size. This means they will be left with remnant material that they have no use for, so they don't think they can do it at that price. They then offered to strike out that countertop item (but not the two vessels) and refund me $1200.

I said $1200 is a low estimate for refund because the two vessels are not as much as $100 each. Also, I asked for an extra credit of $150 or so (I said the sum is negotiable) because we had a contract, and they want to get out, and their getting out means I need to go to other companies and pay higher for the same thing.

They said my request for extra credit is ridiculous and said the most they can agree on is to strike out the whole item (including the vessels) and refund me $1400. They then sent me a revised "invoice" (I call it a new contract) that reflects this change, and said that if I don't sign it they will not install the two other countertops on the contract either.

I felt angry that they were pushing me to agree, and refused to sign. They then said I am "difficult" and ridiculous, and said they don't understand what I am asking for, and said there is no way they will give me extra credit, and then refused to come and install anything, just kept pushing for me to sign the new "invoice"

Was I really "out of the bounds" to ask for extra credit? I thought when one side repudiates a contract item, I am entitled to get economic losses or "loss of bargain", am I wrong?

You have no basis and you get what you pay for.

It is industry standard, like for granite, marble and stone slabs to be sold by the slab and the buyer pays for the entire slab. Think about it, what is the contractor going to do with the little pieces?

They thought they could get a remnant and that's likely why the lower price to begin with. They couldn't and instead of coming back and saying it would cost more, they backed out of the deal.

Take the $1400 and move on.

you have two choices;

seek to demand they perform as contracted

seek to rescind the contract

Your choice. They signed the contract at $1400 so they are bound by that. If they work at a loss, it's their fault. (I will suggest it is likely not worth the savings to force them to do the work though. Too many possibilities of problems to deal with)

If you are willing to allow them to rescind the contract, then you get $1400, they get their material back and you are done.

Hi,

I would demand that they comply with the contract they agreed upon & if not, you will get another company to do the work and sue them for any difference.

Estimates are +/- 10%

Its tough too-toos for them .. if they don't know their business they are idiots & should be out of business.

If they wish to replace the contract with another I would refuse ... you know what you want, get it for the price you agreed upon. Tell them to jump off a cliff if they don't like it.

Assert your rights ... if they would have ripped you off (and no, you are not ripping them off) they would have smiled all the way to the bank.