Many years ago when still new to the business we signed a contract with an older, retired couple to build two additions at either end of an existing home. They had originally had the home custom built 20 years earlier with good quality well known windows throughout.
This particular window company supplied a proprietary jamb and sill extension that came with the window. In our agreement with the couple we stated that we would match the existing windows.
We had 25% of our money sitting on the final payment (a subject for another day.) The project went smoothly with no substantial problems. However, at the end when I requested the final payment they said to talk to their attorney…a sickening thing for any contractor to hear.
When I asked what the problem was, they again told me to talk to their attorney.
In short, the window manufacturer had changed the thickness of the stock for the extensions from 1-1/2” to 1-1/4” since the house was built. You could not see this anywhere except on the window sill. They saw this when looking at a new window in the same room as an older one.
We could not discuss it, negotiate it or anything. Their position was that we had not fulfilled the requirement of the contract and they were not going to pay. We filed a lien, took action on the lien and waited 10 months for our day in court…all the time desperately needing that money.
Fortunately, the sitting judge, on hearing that they had no other complaints with the project; rendered the decision in our favor and said their complaint was not valid.
Make no mistake! We were lucky! A different judge could have seen it another way.
Do not ever use the words “to match” or “the same as” something in your agreements. Use the words “similar to.” It will save you a lot of heartache.
