Contratos y EjecuciónPregunta 800 de 1605
A contractor already under contract to frame a house for $40,000 demands an extra $5,000 midway through, claiming the job is 'harder than expected,' but the scope has not changed. If the owner reluctantly agrees, the promise to pay the extra $5,000 is generally:
a.Unenforceable under the pre-existing duty rule because the contractor gave no new consideration
b.Automatically a valid change order
c.Enforceable only if the extra is under 20% of the price
d.Fully enforceable because the owner agreed
Explicación
The pre-existing duty rule holds that a promise to do something a party is already contractually bound to do is not valid consideration. Because the framer was already obligated to complete the framing for $40,000 and the scope did not change, the owner's promise to pay an additional $5,000 lacks new consideration and is generally unenforceable. A genuine change order requires a real change in scope or a new bargained-for exchange.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)