Contract Changed by Contractor - Legal Result?

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

Quick details:
- I entered into a contract with a company for new windows on my house.
- They installed different windows that I expected.
- Initial price quote indicated triple pane windows.
- On the contract there are two boxes, one for double pane, one for triple pane.
-- My carbon copy does not have either box checked.
-- Their carbon copy has the double pane box checked.
- They very clearly changed the contract after-the-fact
- I've only paid 33% of the agreed price so far.
-- We have been unable to reach an agreement of how much of the remaining balance we can settle on and be happy.

If we don't reach a settlement soon, it looks like legal action would be the next step.

If we go to court and I show them that they initially indicated triple pane, and then they changed the contract after-the-fact (even though my copy doesnt say triple pane), what happens?

Any advise would be appreciated, thank you.

If we go to court and I show them that they initially indicated triple pane,

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where would that be from. You said your contract has neither double or triple pane indicated and theirs has double. Where is the evidence that triple pane was even discussed, let alone agreed to?

JDubs111 said:

- Initial price quote indicated triple pane windows.

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When the sales rep came to my house he showed us triple pane windows and wrote a quote in which clearly state triple pane windows were being discussed. He also signed this quote, which I have.

We negotiated a lower price than his quote by agreeing to "flex install" and by paying with cash. Both of which are written in the notes section of the actual contract.

This indicates triple pane windows were the type being requested. We never even discussed double pane (and there is no record of any such discussion taking place).

So all you have is a quote that states triple-pane, but that was not checked on the contract? Have you talked to this sales person, again, yet?

Who filled out the contract? The sales person?

cosine said:

So all you have is a quote that states triple-pane, but that was not checked on the contract? Have you talked to this sales person, again, yet?

Who filled out the contract? The sales person?

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Actually, if he's got a quote for triple pane at XYZ dollars and he's got a contract for XYZ dollars (the same amount) where the box isn't checked...I think he's got a pretty good argument.

cosine said:

So all you have is a quote that states triple-pane, but that was not checked on the contract?

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Correct. However, double pane wasn't checked either. The fact of the matter is that they altered the contract after it was signed and I was given a copy.

The same sales rep did the quote and contract, he no longer works for the company, or so I'm told.

The quote and contract are for different amounts. The remark on the contract of "flex install" and cash were why the contract was less than the quote.

Couldn't I argue that the contract is null and void since they altered outside of their right without my permission?

Thanks

Zigner said:

Actually, if he's got a quote for triple pane at XYZ dollars and he's got a contract for XYZ dollars (the same amount) where the box isn't checked...I think he's got a pretty good argument.

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You missed where the contract price is less than the estimate.

We negotiated a lower price than his quote by agreeing to "flex install" and by paying with cash. Both of which are written in the notes section of the actual contract.

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I'll bet the salesman says part of that negotiated discount included double pane windows instead of triple pane.


dubs, do you have a carbon copy of the contract? If so, their argument may be that the check on the double pane windows simply didn't transfer through from the top sheet.

justalayman said:

I'll bet the salesman says part of that negotiated discount included double pane windows instead of triple pane.

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The VP of Sales (the guy I've been talking to since after install) claims the he called the salesman-who-no-longer-works-there and that he said the discount was for double pane. However there is no proof of this anywhere, only indication of "Flex install" and cash.

justalayman said:

dubs, do you have a carbon copy of the contract? If so, their argument may be that the check on the double pane windows simply didn't transfer through from the top sheet.

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The contract was made in triplicate (original white, two carbon copies (one pink, one yellow)), I was given one of the carbon copies when I signed the contract. After install, the VP of Sales sent me the other carbon copy thinking that I didn't have my carbon copy. (So now I have both carbon copies).
The copy he sent me very clearly has the check mark added after-the-fact. There is other writing on the page that came through perfectly clear, it would be impossible for that particular mark not to transfer through. I have absolutely no doubt that the contract was modified and that anyone could look at the two carbon copies and honestly say otherwise.

So, to my question... since the contract was very clearly changed by the contractor without my permission outside of their right, am I still bound by the contract? If this were to end up in court (hopefully not), would the judge see that the contract was altered (illegal right?) and waive any responsibility of me to pay?

Thanks for all your help so far.

JDubs111;2800104]The VP of Sales (the guy I've been talking to since after install) claims the he called the salesman-who-no-longer-works-there and that he said the discount was for double pane. However there is no proof of this anywhere, only indication of "Flex install" and cash.

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gee, I must be psychic, or psycho. That is generally up for debate.

So, to my question... since the contract was very clearly changed by the contractor without my permission outside of their right, am I still bound by the contract? If this were to end up in court (hopefully not), would the judge see that the contract was altered (illegal right?) and waive any responsibility of me to pay?

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and to their argument of "it was not real clearly visible so we marked the box individually so it would be obvious", your statement would be?

I doubt you would be released from all debt. It is more likely he would adjust the price to what double pane windows would have cost.

I understand that they could try to say that, and the VP of Sales tried that once. When responded "no way, that's not possible" in a tone that displayed how ridiculous that idea was he quickly backed down from that and never brought it up again. He has since been trying to say that it was accidentally omitted.
Sure, you could say now that it's possible that he would try to say it again in court. But I assure you, there are other marks on my carbon copy near the check box that are as bold as if they were original. That idea would be shot down quickly, I'm not worried about that.

As far as the judge adjusting the price to double pane windows, I'm not sure how that would be reached. The position of the contractor now is that the contract price is the price of double pane windows.

But simply put, you're saying that if the Judge agrees that the contract was changed without my permission, then instead of the contract being nullified and my debt being cleared, the judge with force a renegotiation of contract and debt?

JDubs111 said:

But simply put, you're saying that if the Judge agrees that the contract was changed without my permission, then instead of the contract being nullified and my debt being cleared, the judge with force a renegotiation of contract and debt?

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a judge will attempt to reach an equitable decision. That is, one that is fair for both parties (barring the possibility the judge believes they actually tried to screw you).. As such, you will have to negotiate and argue that the price provided was triple pain and the reduction was due to the noted reasons. As such, if you are even willing to accept doubly pane windows, you should be able to reach an equitable solution from that point. It will help if you have estimates from other companies showing the difference between double and triple pane windows. That would go to support your claim and also help the judge determine an amount of damages.


If you don't want double pane windows, it gets more problematic. When did you realize they were installing double pane windows? IMO, that will be critical in what you can demand and expect.

justalayman said:

(barring the possibility the judge believes they actually tried to screw you)

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Wouldn't that be great for me?? But I'm not going to get my hopes up that that happens...

justalayman said:

It will help if you have estimates from other companies showing the difference between double and triple pane windows.

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Excellent idea, I will look into that.

justalayman said:

When did you realize they were installing double pane windows? IMO, that will be critical in what you can demand and expect.

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I noticed that the windows were double pane when they were installing them. Two guys came out to install them, one was working on removing the old windows, one was working on installing the new ones. After one was installed I noticed that they were double-pane, but I couldn't stop them since they had already removed two of the other windows. After they finished the guy came to collect the money, I told him that there were the wrong windows. He understood after I explained and he told me not to pay then and call their office. Since then I've been talking to their VP of Sales.
Between then and now at some point I sent them a letter detailing what my position was. That I ordered triple-pane, they installed double. I wanted them to remove the current windows and install triple-pane windows, at that point I would pay the remaining balance per contract. I continued to say that if they found this unacceptable, I would be satisfied with the current double-pane windows in exchange for my debt being cancelled, but that this was not my first choice.
Triple-pane windows are obviously better than double-pane windows, but for Illinois climate they are not absolutely necessary.

from your last statement, it would appear you are willing to accept double pane windows. I would not expect you to not have to pay a reasonable price for the windows but based on your explanation, I would think you have a good argument for a reduction in the fee. That is where your pricing the difference from other companies will come into play. If you don't do that, it could end up with the judge asking them how much the difference is and accepting their word for it.

JDubs111 said:

I noticed that the windows were double pane when they were installing them. Two guys came out to install them, one was working on removing the old windows, one was working on installing the new ones. After one was installed I noticed that they were double-pane, but I couldn't stop them since they had already removed two of the other windows

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But you could have stopped them .. this will be their argument. And it is a good argument. You noticed & you let them complete the job. There is no reason why you could not have stopped them at that point. This will be their argument.

Captain Picard said:

But you could have stopped them .. this will be their argument. And it is a good argument. You noticed & you let them complete the job. There is no reason why you could not have stopped them at that point. This will be their argument.

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they already had all windows demo'd and one installed at the time of discovery. It could be argued for either side that she should have given notice prior to the completion or that they would have had to install something since the old window had been removed already.