Question: Contractor agreed to build a cedar deck for the Smiths for $4,000. After he began the work, the Smiths asked him to add a pergola
Contractor agreed to build a cedar deck for the Smiths for $4,000. After he began the work, the Smiths asked him to add a pergola (a wooden lattice structure intended to provide shade). Contractor replied he would, but it would cost an additional $500. The Smiths agreed to the additional cost and asked Contractor to proceed with the pergola. All of these agreements were in writing and signed by both parties. Under these circumstances:The agreement to pay an additional $500 is enforceable because it was an unforeseen circumstance.The agreement to pay an additional $500 is unenforceable because it lacks consideration.The agreement to pay an additional $500 is supported by consideration.The agreement to pay an additional $500 is unenforceable because modification agreements are never enforceable.
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