Home Improvement Contractor - Licensed Contractors

I need some help regarding a drywall contract?

I drew up a contract for some drywall work I was going to do for a contractor. I signed it and dated it, then I faxed it to him. He emailed it back with some modifications. I didn't sign anything afterwards. I started the project, but midway was told that I have to use bigger screws or it wouldn't pass inspection. The contract says nothing about using bigger screws than the ones normally used. I had to have the drywallers go back and put them in, killed about a day of work. Also, the contractor wants orange peel on the walls, but the contract says nothing about texturing the walls, only the ceiling. Can I charge extra for these modifications he's making? If so, what if he says no? If no, what can I do?

Public Comments

1. When you started the work, you accepted the changes. Since this is a change that was not in the original deal that you both agreed to, you are entitled to expect payment for the orange peel. You need to quote in on the cost for the walls, and do NOT do the work until he signs the changes in the contract, or you will have nothing to back you if you have to go to court.
2. Depending on the amount of money involved in this case, I would think that your best bet would be to withdraw from the job and report the contractor to the Better Business Bureau. Be more careful next time in getting all the specifics drawn up in the contract to begin with. If in doubt about whether you can charge more for the modifications, consult with an attorney before you start changing things around like the contractor did. You should always have a contract looked over by an attorney before beginning any job to see if there are any loopholes that could get you in trouble. Unfortunately, many people draw up contracts without legal expertise and that can cause a lot of problems.
3. If he is making changes to the contract the answer if yes you can charge extra. You can sue him in small claims court if he does not pay you. The written contract that you have would be the contract that he faxed back to you with the changes. Even though you did not sign to agree with those changes you went ahead which would be interpreted as your agreement to the changes that he made. I am interpreting your question to be regarding the screws and the texturing as not being in the original contract or in the changes that he made and faxed back to you.
4. In my last answer to this same question, I said you did not have a contract because it wasn't signed after the changes. Now, you have apparently agreed to do the work and started the job. I would not advise doing the texture until you have the change and price in writing.
5. By starting work you accepted the modified contract. Any addition to that contract is a bona fide "extra". The matter of the screws is a bit more complicated. If the ones you used were considered sub-standard by the inspector, ( you might want to verify this), the fault is yours. A construction contract assumes a code compliant job. Charge for what you feel are legitimate extras. Negotiate if there's a disagreement. A lawsuit or mechanics lien is a last resort. (Expensive, and a 'rep.` as a troublemaker can hurt your chances for other work).