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:
Giải thích
A clear, integrated scope of work sets the boundary of the fixed price; a task outside it is an extra, and it becomes compensable when the owner orders it. On home improvement work that order must be a change order in writing, signed before the changed work begins (B&P §7159(d)), and §7159(e)(3) requires the contract to warn the buyer that extras without such an order are unenforceable against him. (a) is the owner's version of the argument, and it proves too much: if a fixed price covered anything anyone later wanted, the scope clause would mean nothing. (b) misapplies the Statute of Frauds, which decides which agreements need a writing at all (Civil Code §1624), not whether an integrated contract can be added to. (d) blames the contractor for not pricing work nobody asked him to price.
Trích dẫn luật: Bus. & Prof. Code §7159(d), §7159(e)(3); cf. Civil Code §1624Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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