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:
解析
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.
法律依据: Bus. & Prof. Code §7159(d), §7159(e)(3); cf. Civil Code §1624免费刷完整 1632 道题库 — 无需注册。
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
同考点相关题目
- An 'attorney fees' clause in a contract typically provides that:
- A contractor and owner sign a contract, then later sign a separate written agreement that clearly changes the completion date and adds $6,000 in scope. This later signed agreement is best described as:
- In a T&M contract dispute, the single most important documentation supporting the contractor's invoices is usually:
- A key reason a contractor should ensure the person signing a contract has authority to bind the property is that:
- Overall, the single most effective way for a contractor to prevent and win contract disputes over scope, extras, and payment is to:
- 某装修承包商用于独栋住宅的印刷版合同中,仲裁条款与全文一样是 9 磅字号,标题写作「争议解决」,也没有留出业主单独签名缩写的位置。依《商业与职业法》第 7191 条,该条款效力如何?
最近核对: · 审核流程