Potter v. Rowan

MANN, Judge.

Dan Rowan wanted a beach house like the one a friend had paid Potter $25,-000 to build. He wanted a few things changed, and asked Potter for a bid. “$41,-500,” said Potter. “Too much,” replied Rowan. Potter then suggested that Rowan might save a couple of thousand dollars if Potter did the job on a cost-plus basis. They signed a contract on a standard form, after striking through a clause which read: “Verbal agreement will definitely not be binding on either the Owner or Contractor.” Both Potter and Rowan initialed this deletion. That deletion from the standard contract is the…