What is the name of your state? Florida
I'm not sure this is the right place to ask, if not, please redirect.
Long story short, My gutter company (incorporated) is in contract with a home owners association to replace certain downspouts and accessory metals for a contract amount of $23k and change.
In the original contract, (there is a totaly of 4 different contracts for the four different buildings, each having 4 carbon copies on them.I am in possession of the bottom two carbons of each of the four buildings.) it stated to include up to 25' per building of gutter to be replace free of charge. any overage would be charged extra.
The unhelpful property management company has produced a copy of the top page of the contract, with the 25' (that is to be included) crossed out, and 500' ($10k worth of gutters, as apposed to $500.00 which was included) scribbled in, with two initals next to it. The statement is that the initials were a representative of my company, and it is binding. They have a statement from the guard at the guard shack, that when an unidentified representative from my company picked up the check, the document was initialed at that time.
The dispute is causign delays in the job, and is hinding my performance to complete the project by the July 15th. There is not a financial penalty clause in the contract if the work is not complete.
The two questions are: The initials are not mine, nor a representative of my company (theres only two of us in the field that would of had picked up the check.) - can i sue them for altering the contract?
2nd - am i liable for not completing the contract by the July 15th deadline?
Any help is appreciated. I can provide more facts, i tried to state only the necesarry, but have pages of notes and emails that will show the companies lack of professionalism in this matter.
I'm not sure this is the right place to ask, if not, please redirect.
Long story short, My gutter company (incorporated) is in contract with a home owners association to replace certain downspouts and accessory metals for a contract amount of $23k and change.
In the original contract, (there is a totaly of 4 different contracts for the four different buildings, each having 4 carbon copies on them.I am in possession of the bottom two carbons of each of the four buildings.) it stated to include up to 25' per building of gutter to be replace free of charge. any overage would be charged extra.
The unhelpful property management company has produced a copy of the top page of the contract, with the 25' (that is to be included) crossed out, and 500' ($10k worth of gutters, as apposed to $500.00 which was included) scribbled in, with two initals next to it. The statement is that the initials were a representative of my company, and it is binding. They have a statement from the guard at the guard shack, that when an unidentified representative from my company picked up the check, the document was initialed at that time.
The dispute is causign delays in the job, and is hinding my performance to complete the project by the July 15th. There is not a financial penalty clause in the contract if the work is not complete.
The two questions are: The initials are not mine, nor a representative of my company (theres only two of us in the field that would of had picked up the check.) - can i sue them for altering the contract?
2nd - am i liable for not completing the contract by the July 15th deadline?
Any help is appreciated. I can provide more facts, i tried to state only the necesarry, but have pages of notes and emails that will show the companies lack of professionalism in this matter.