Contracts
Construction Contract
Florida
My roofer says they have to change my contract increaseMy price by 2000Because the tile has been discontinued and need aDifferentKind.Can they do that?
Putting in new tile roof, Have a contract. Roofer wants 2000 Change
Answers from 2 Lawyers
Answer
Contracts
Florida
Fema B.
ContractsCounsel verified
Generally, **a roofing contractor cannot unilaterally increase the agreed-upon contract price simply because the originally selected roofing tile has been discontinued.** Under Florida contract law, the parties are generally bound by the terms of their signed agreement, including the agreed price, materials, and any provisions governing substitutions or change orders. The key issue is whether your contract contains a provision allowing the contractor to adjust pricing due to material unavailability, substitutions, or increased costs. If the agreement establishes a fixed price without such an exception, the contractor generally cannot require you to pay an additional $2,000 without your agreement. I recommend requesting written documentation confirming that the original tile has been discontinued, identifying the proposed replacement, and explaining the additional $2,000 charge. You should also review the contract's change-order provisions before agreeing to any modification. **You may have grounds to insist on performance at the original contract price or negotiate an alternative tile at no additional cost.** However, your rights ultimately depend on the specific contract language and whether the contractor has a contractual basis for the requested adjustment. An attorney can review the agreement to determine whether the increase is enforceable and what remedies may be available if the contractor refuses to proceed.
Answer
Construction
Florida
Corey P.
ContractsCounsel verified
Good morning. This will depend on whether your contract is a fixed price, time and materials, or some other orangemen, and what your contract says about materials to be used, the contractor's ability to provide substitute materials, and any contractual limitations on the price increase for substitute materials. You may want to request a layer review your contract for these provisions and advise accordingly.
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