written contract missing terms

[mkpln]

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

In getting an estimate for hardwood flooring, the salesman told me I needed 1500 square feet. He then presented me with a contract that stated "carpet removal, slab preparation, wood flooring". The contract showed only a total cost for the work/materials, and there were no line item costs listed for square footage, carpet removal, slab preparation or wood flooring. After installation, one of the installers handed me a sheet to confirm installation was done, but he accidentally handed me the measurements taken by the salesman, which showed I needed only 900 square feet. When I brought it to his attention, he said there was nothing in writing as to the square footage or the price per square foot on the contract, so I was out of luck. The difference between 900 square feet and 1500 square feet is about $4,200.00 as based on the price per square foot I agreed to. Is he right that since there is nothing in writing as to square footage or price per square foot I'm out of luck?

 

[adjusterjack]

Sorry, you're probably out of luck.

You agreed on the price for the work described in the contract.

When there is a dispute about who "said" what, the judge will only (or should only) look at what the written contract says because that is the provable agreement between the parties.

 

[quincy]

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

... The contract showed only a total cost for the work/materials, and there were no line item costs listed for square footage, carpet removal, slab preparation or wood flooring. After installation, one of the installers handed me a sheet to confirm installation was done, but he accidentally handed me the measurements taken by the salesman, which showed I needed only 900 square feet. When I brought it to his attention, he said there was nothing in writing as to the square footage or the price per square foot on the contract, so I was out of luck. The difference between 900 square feet and 1500 square feet is about $4,200.00 as based on the price per square foot I agreed to. Is he right that since there is nothing in writing as to square footage or price per square foot I'm out of luck?

Here is a link to California's Business and Professions Codes, sections 7150-7168: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=07001-08000&file=7150-7168

Section 7159(d) tells you what a home improvement contract must contain. It appears the contract you signed falls short of the requirements.

You could have the contract personally reviewed in its entirety by an attorney in your area to see where you stand legally. You could be successful in arguing the price charged.