Question 47

The homeowner has no legal obligation to pay for the increase because the contractor failed to prepare a change order to the contract and have the homeowner sign it.

The homeowner is not required to pay the increased cost because the contractor did not follow proper protocol by preparing a change order for the additional work and securing the homeowner's approval. This failure to formalize the changes means that the original contract remains binding.

A) contractor failed to properly estimate the cost in the contract.

While a failure to estimate costs accurately may reflect poorly on the contractor, it does not absolve the homeowner from payment obligations unless there is a contractual stipulation regarding estimates. The key issue here is the lack of a change order, not the initial estimate.

B) contractor failed to prepare a change order to the contract and have the homeowner sign it.

This option is correct because a change order is a formal document that outlines any modifications to the original contract. Since the contractor did not prepare or obtain the homeowner's signature on a change order, the original contract terms remain intact, and the homeowner is not obligated to pay the additional costs.

C) homeowner would not have had easy access to the garage without the additional width.

While this statement may highlight a practical consideration, it does not impact the legal obligations under the contract. The legality of payment depends on the contractual agreements rather than the convenience of access to the garage.

D) contractor will be able to increase the price on his next job to make up the loss.

This option is irrelevant to the current situation. The contractor's future pricing strategies do not affect the existing contractual obligations with Mrs. Bee. Each contract stands independently, and the contractor cannot retroactively change the terms of the current contract based on future work.

Conclusion

The correct answer is B because it directly addresses the procedural error made by the contractor that invalidated any claim for increased payment. All other options either misinterpret the contractual obligations or present irrelevant information regarding the situation at hand. Consequently, without a signed change order, Mrs. Bee has no legal obligation to pay the increased costs.