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Who pays for roofing modifications in the bid addendum?

Who pays for roofing modifications in the bid addendum?

Full question:

A contract we are bidding on issues an addendum prior to bid regarding the roofing work...it states in part the following ...any roofing modifications associated with this scope of work for this bid (i.e. penetrations, etc.) shall be coordinated with the County's Roofing Contractor in order not to void the existing roofing warranty.) We believe this implies the owner pays the cost and the contractor coordinates the services of the county's roofing contractor. What do you think? Is our interpretation reasonable?

Category: Contracts
Date: 04/07/2025
State: Florida

Answer:

If there is ambiguity in the contract, it's best to clarify the terms in writing. The parol evidence rule applies once the parties have agreed to a final, written contract. This rule prevents the introduction of evidence regarding previous agreements once a final contract is established. The intent is to ensure that all important factors are included in the final document.

In case of a dispute, a court will look at the written contract and may consider the following hierarchy of evidence to interpret vague terms:

Terms from discussions and writings exchanged that do not contradict the contract;
Terms implied by the conduct of the parties;
Terms implied by industry custom and practice;
Terms implied by applicable law, such as damages for breach or liability for negligence.

Ultimately, the court will determine what a reasonable interpretation is based on these factors.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the 4 principles of a contract?

The four principles of a contract are mutual consent, consideration, capacity, and legality. Mutual consent means both parties agree to the terms. Consideration refers to something of value exchanged between the parties. Capacity means that both parties have the legal ability to enter into a contract. Finally, legality ensures that the contract's purpose is lawful. Understanding these principles is essential for forming valid agreements.

What are the 4 requirements for a valid contract?

The four requirements for a valid contract are offer, acceptance, consideration, and intention to create legal relations. An offer is a proposal to enter into an agreement. Acceptance is the agreement to the terms of the offer. Consideration is the value exchanged between the parties. Lastly, both parties must intend for the contract to be legally binding. Meeting these requirements ensures the contract is enforceable.

What are the 4 main elements of a contract?

The four main elements of a contract are offer, acceptance, consideration, and capacity. An offer is a clear proposal made by one party. Acceptance occurs when the other party agrees to the offer. Consideration refers to the value exchanged, such as money or services. Capacity means that both parties have the legal ability to enter into the contract. These elements are crucial for a contract to be valid.

What are the 4 rules of a contract?

The four rules of a contract include clarity, mutual agreement, consideration, and legality. Clarity ensures that the terms are understandable. Mutual agreement means both parties consent to the terms. Consideration involves an exchange of value. Lastly, legality requires that the contract's purpose is lawful. Adhering to these rules helps create enforceable contracts.

What are the 4 P's of a contract?

The four P's of a contract are parties, purpose, price, and performance. Parties refer to the individuals or entities entering the agreement. Purpose describes the reason for the contract. Price indicates the consideration or value exchanged. Performance outlines the obligations of each party. Understanding these elements is vital for drafting effective contracts.

What are the four factors that constitute a valid contract?

The four factors that constitute a valid contract are offer, acceptance, consideration, and legal capacity. An offer is a proposal to enter into an agreement, and acceptance is the agreement to that proposal. Consideration is the value exchanged, and legal capacity means both parties are legally able to contract. These factors ensure that a contract is enforceable.