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 costs because the contractor neglected to follow proper procedures by failing to prepare a change order and obtain the homeowner's signature. This oversight means that the additional charges cannot be enforced legally.

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

While a contractor's failure to estimate costs accurately might seem relevant, it does not provide the homeowner with a legal basis to refuse payment. The essential issue is not the estimate itself but the absence of a formal change order which is necessary for any modifications to the contract.

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

This option is correct as it highlights the critical procedural error made by the contractor. Without a change order signed by the homeowner, the contractor cannot legally enforce any increase in cost, as modifications to the contract must be documented and agreed upon by both parties.

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

This statement does not provide a valid reason for the homeowner's obligation to pay more. The necessity for easier access does not alter the contractual agreement unless it is formally acknowledged through a change order.

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 ability to raise prices on future jobs does not justify or create a legal obligation for the homeowner to pay additional costs for the current project.

Conclusion

In conclusion, the correct answer is Option B, as the lack of a signed change order by the homeowner means that the contractor cannot claim the additional costs legally. The other options either misinterpret the contractual duties involved or present scenarios that do not affect the homeowner's obligations under the existing contract. Thus, the homeowner is rightfully not liable for the increased charges.