Builder wants to charge me more for house and lot.

[Allen Lopez]

Background:

There is a very reputable builder in Baton Rouge that is building a new neighborhood. About 3 months ago I sign a contract to build the home of my dreams. Simple 3/2 called an “Oxford” model. We agree to put it on a certain lot, certain model, for a certain price.   they accidentally pored the foundation for an “Oxford” model from 2017 which is about 20k more expensive. The builder is saying if I want the home, I have to pay the additional 20k. 

The contract say that they are allowed to increase the price if the cost of material goes up. Not if they mess up. Additionally, the contract only states that it has to be an Oxford model on that lot for a set price by a certain time (two weeks after the utilities have been turned on). There aren’t any design drawings on the contract. 

I fee like I have the upper hand and they have to either destroy the concrete slab and build the home we agreed for or give me that home for the same price. Or am I missing something?

the builder is giving me a few options:
1. Pay the 20k if I want the house on that lot.

2. Pick a different lot and they will build my house on it but that will delay closing.

3. Get out of the contract and get my upgrade money back.

anyone have a good attorney that can look at my contract to make sure I’m not missing anything? 

They mentioned that they were originally going to file an insurance claim to get that slab demo and start but the long term coast would be too much for them as their insurance would go up, have to order new material and delay the project further. 

No matter how we look at it, it’s pretty much breach of contract