Contracts & ExecutionQuestion 888 of 1605
An owner and contractor dispute whether a certain task was included in the fixed price. The contract's clear, integrated scope of work does not list that task. Under general interpretation principles, the task is most likely:
a.A tort committed by the owner
b.Barred entirely by the Statute of Frauds
c.Extra work outside the contract scope, which may be compensable as an addition if performed at the owner's request
d.Automatically included at no charge
Explanation
Where a clear, integrated scope of work does not include a particular task, that task generally falls outside the fixed-price scope. If the owner then requests it, it is properly treated as extra work that may be compensable through a change order or as an addition, rather than something the contractor must perform for free. It is not a tort, and the Statute of Frauds does not bar recovery for legitimately requested extras; documenting the extra in writing is the safest course.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)