合同与履行第 888 / 1632 题

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.Included at no charge, since a fixed price covers the finished result
b.Barred by the Statute of Frauds, because the scope was integrated
c.Extra work, compensable if the owner requests it under a change order
d.A breach by the contractor for failing to price the task

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

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