Q: Our contract states we have level 2 counter tops. We chose level 2, builder wants to charge us stating *finish upgrade
We have Level 2 counter tops in our contract. We went to the builder's supplier as suggested. We chose a Level 2 counter top. It is a black matte finish. The supplier stated that Level 2 is Level 2, there are no surprises. We approved the slabs, took pictures of them and the tag saying that the slabs were, indeed, Level 2. We received an email from the builder stating that we were over budget $1282.50. We questioned them on this and they stated that the Black Mist Honed is an upgraded finish. Is it possible that they didn't budget enough money for our counter tops and they are trying to hit us with the cost? Our contract clearly states Level 2 counter tops. The supplier guaranteed us that the slab we picked out is no additional charge for the finish, but that if he tags a slab as Level 2, it is exactly that. What are our rights?
A: You right is based on breach of contract. I don't know if you are in privity with supplier. But their words can be used to construe the meaning of the dealer's promise as to the fees associated with the counter top.
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