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Contractor underestimated the job! Any lawyers out there?

My contractor wrote a contract that called for a 500 sq ft patio. As it turns out, when he modified his original drawing (per my request), the patio is now 550 sq ft. Since he only bought 500 sq ft of materials, am I obligated to pay him for the extra 50 sq ft? I don't want to be obnoxious, but I don't want to be a doormat, either. Does anyone know where I stand legally in Illinois with this?

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  • 1 decade ago
    Favorite Answer

    I can't specifically comment on the laws in IL, but in general, the answer to this question is based on what documentation you approved prior to the job's start. If he provided you with a drawing of some sort, or a list of materials that didn't change when the s.f. changed, I would think you would be responsible. If his contract states something along the lines of "work includes all materials and labor to complete 550 s.f. patio" then he is liable.

    I don't know what type of materials are involved, but if you're not talking about a lot of money, you should consider how good your contractor was on the whole, and how low his original price came in compared to other contractors. This cost may make the difference between making a profit or not. If he did a nice job and he seems like an honest guy, I'd let it go.

    Another compromise would be to suggest splitting the difference with him, or ask him for his actual materials invoice (not marked up) and pay that cost.

    Source(s): I work for a contractor.
  • 1 decade ago

    I'm not a lawyer, but it seems that you broke the contract first by asking him to modify the original plan. A bigger plan calls for more material. More cost to him. Why should he eat the cost when it was your request?

    As long as the extra cost is in proportion to the original plan, I don't think you have much to argue about.

  • dt
    Lv 5
    1 decade ago

    Are you kidding? You initiated a change order that caused the increaseso you need to pay the extra. I know you are concerned about being a doormat but this is obvious. Pay the bill.

  • condon
    Lv 4
    4 years ago

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  • 1 decade ago

    ok..i had no way of emailing you... about the question of mine you answered... she found out about the diamond ring because she came over when no one was home and started going through stuff... now she doesnt call me... just thought id answer your question... thanks for answering mine... have a good day...

    Im not in Illinois... but id say the extra 50 sq ft. is not yours to pay... you shouldnt have to pay for something you dont want...

  • Anonymous
    1 decade ago

    If he has to buy extra materials and there's extra time to install then yes, and besides you gave your ok.

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