Julian decides that he would like the house being built for him, under contract with Porter Developers, to have a blue tile roof instead of a red tile roof. The two kinds of tile are equally available and are the same price, and no roofing of the house has yet been done. Porter alleges that this is a material alteration of the terms of the contract, since the roof is one-tenth of the value of the house, and that, therefore, it cannot be done without their agreement to the change, which they will only give for a further payment of $5,000. They are right.

Question

Quizplus · Accepted Answer

Changing the color of the roof tiles, when both options are equally available and priced, and no work has been done yet, typically would not be considered a material alteration of the contract terms. A material alteration fundamentally changes the obligations, rights, or remedies under a contract. A change in color, without additional cost or impact on the availability, generally does not meet this criterion.

Julian Decides That He Would Like the House Being Built