Rayne, LA asked in Contracts and Construction Law for Ohio

Q: How long does a contractor have to hold his price, if the proposal was signed and accepted and no T&C's are on proposal?

I received a proposal on 07/28/20 for a pole barn to be built. Prior to the contractor ordering the material package, we had to obtain engineered drawings and a building permit per the contractors verbal instruction. I signed and accepted the proposal same day. Today, I received a revised quote from the contractor with a $4130 increase to the proposal for "material price increase". The proposal has no terms and conditions included and no "expiration" date of the price which I agreed to. Are there any laws that will protect my interest in this?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Construction Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: There is no specific law. If you don't agree to the increase, the contractor is unlikely to build your project. You could claim a breach of contract, select another contractor, and if the other contractor charges more for the same construction, you could sue the first contractor for the increase. But the first contractor could say that you caused the delay that resulted in the price increase, and he could counter-claim against you. The court would then decide. But for $4130, it is unlikely to be cost-effective for you to go to court. Get quotes from other contractors, then use the Find a Lawyer tab to consult a local attorney to review the situation and advise you.

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