Q: Contractor sent a notice of intent but I never signed change order form nor agreed to new charges am I liable?
I did cut them a check minus the additional fees not agreed too and now I have a notice of intent. They cashed the check as well with paid in full in the memo.
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- Nevada
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A:
In Nevada, construction contracts and change orders typically require clear communication and mutual agreement between the parties involved. If the contractor sent a notice of intent and you did not sign a change order form or agree to new charges, it raises questions about the validity of the additional fees.
The fact that you issued a check minus the disputed charges and included "paid in full" in the memo could potentially be interpreted as an attempt to settle the amount you believed to be owed. However, the contractor cashing the check may not necessarily mean they agree to the "paid in full" condition, and it could become a point of contention.
In construction disputes, it's essential to carefully review the terms of the original contract, any change orders, and communication between the parties. If you did not agree to the additional charges and have evidence to support your position, such as emails, written correspondence, or a lack of signed change orders, this could be relevant in a dispute.
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