North Fort Myers, FL asked in Contracts and Construction Law for Florida

Q: Barn door on bid set, but builder is trying to say that we are responsible for purchasing and installing it ourselves.

When we first began our construction process, the floor plans had a bi-fold door on the laundry room in the master bedroom. I had that door changed to a barn door a few months later. The barn door was added to the floor plan BEFORE the budget and final floor plans were signed into contract. In November, 2018, we signed the budget and floor plans WITH the barn door on the floor plan. Now, the builder is saying that he is not going to provide the barn door, because it is not in writing. That barn door has been on the plans for over a year and a half. We signed the plans and the budget on the same day WITH THE BARN DOOR ON THE PLANS! That's in writing. Then he emailed to say that they didn't put it in the budget, so he isn't providing it. Is it our fault that every one of their employees missed it on the budget? It was clearly marked on the floor plan that we signed, and had been for 8 months at the time of signing.

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1 Lawyer Answer

A: From what you write, it appears that you are in the right. But the contractor may very well have their own side of the argument. In any event, you failed to ask a question.

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