Contractor Avoids Liability On An Ambiguous Contract

Posted in on March 13, 2014

When a contractor entered into what he believed to be a straightforward contract with a Home Builder for site work relative to the construction of a single family residential home, the contractor ultimately had to seek the services of Attorney Lisa Bond after he was sued for damages. The contract at issue was on a pre-printed form. The form stated that all materials were included, however the contractor had written in that materials were extra. The issue became even more convoluted when it became apparent that there may have been some alterations made to the contract after it was signed. The contractor was being sued for the cost of materials which he claimed was over and above the quoted contract price. At trial, Attorney Lisa Bond was able to persuade the judge that the parties’ handwritten alteration to the contract was the meaning they intended at the time the contract was signed. As a result the contractor prevailed and the contractor was awarded his costs by the court. While it is typically in the best interests of a client to settle a difficult case, when settlement negotiations are not appropriate or break down, the clients at Baker, Braverman & Barbadoro, P.C. know that their attorneys are able to take their cases to the next level successfully.