Contracts & ExecutionQuestion 655 of 1605
On a residential remodel, the homeowner verbally asks the contractor to upgrade tile from $4/sf to $9/sf mid-project. The contractor proceeds without paperwork and later bills the extra $1,800. Under Bus. & Prof. Code §7159, the contractor is most likely:
a.Entitled to full payment because the owner orally agreed and accepted the work
b.Unable to enforce the upcharge against the owner because §7159(c)(7) requires every change to a home improvement contract — including upgrades and price changes — to be in a written change order signed by both parties BEFORE the changed work begins; the contractor may also face CSLB discipline under §7159.5 and §7160
c.Entitled to payment under a quantum meruit theory only if the cost was below 10% of the original contract
d.Entitled to payment because tile upgrades are 'incidental' and exempt from §7159
Explanation
Bus. & Prof. Code §7159(c)(7) requires every modification to a home improvement contract — scope, price, or schedule — to be reflected in a written change order signed by both parties BEFORE the changed work begins. Oral upgrades are unenforceable against the homeowner regardless of size and expose the contractor to discipline under §7159.5 (mandatory contract terms) and §7160 (consumer remedies, including treble damages for fraudulent home improvement practices). There is no 'incidental' exception in §7159, and quantum meruit recovery is generally barred when statutory contract requirements are violated under §7031 principles.
Law Reference: Bus. & Prof. Code §7159(c)(7)Practice all 1605 questions free — no signup required.
Related questions on this topic
- A residential remodel contract for $80,000 includes a binding arbitration clause and, in addition, a separate mandatory mediation clause. Under Bus. & Prof. Code §7191, what is required for the MEDIATION clause specifically (as distinct from arbitration)?
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)