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Can I issue a deductive change order to an already signed contract

CaliforniaChange Orders

I am in CA and signed a swimming pool remodel contract a month ago. Work is not set to start until mid-April. In the contract there is a line item to reduce the depth of the deep end of the pool to a 5' depth. After talking to many people, I have been told that will significantly reduce the value of the pool, and also pose an unsafe condition as it is not deep enough then to dive in to. I have asked the contractor for a deductive change order to eliminate that part of the work ($5800 on a $30,000 contract). I am also adding a change order to upgrade tile for an additional $2500., so net deduction is only about $3,300 or 10% of the contract amount. There is nothing on the contract regarding change orders at all. Could I legally be locked in to the original contract? I have not paid any down payment, work is not set to start for another 3-4 weeks, and the proposal was done at my home in front of me, so no great amount of time was spent estimating the line item for the fill in the deep end cost. Thank you for any help you can provide.

1 reply

Mar 16, 2022
The form of contract you should have signed was a "Home Improvement Contract." The State Legislature requires contractors to provide you with specific disclosures concerning, among other matters, Change Orders. You should have also received a Change Order form attached to the contract, as well as notification of your right to cancel. I suggest you talk to an attorney right away about exercising your right to cancel the contract. If you are in Northern California, I may be able to help you.
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