Contracts Commons^™

Contracts—Modification Agreements: Need For New Consideration; Economic Duress—Rosellini V. Banchero, 83 Wn. 2d 268, 517 P.2d 955 (1974), Curtis L. Crocker

Washington Law Review

Plaintiff, a contractor, and defendant, a property owner, orally contracted for the construction of defendant's building. The work was to be done on a time and materials basis with a ceiling price of $56,146, plus extras ordered by defendant and sales tax. Payments were to be made to plaintiff in installments' upon presentation of invoices for costs incurred. When construction was approximately 90 percent completed and the subcontractors were demanding payment from him, plaintiff submitted an invoice for $16,720. Defendant at that point manifested a vague dissatisfaction with the "whole job," withheld payment and proposed a written modification agreement lowering …