Spieker

The Spiekers, Mr. and Mrs. Warren Edward Spieker, Jr., appeal from a judgment awarding damages in the sum of $14,350, plus interest, to Davenport & Co., Inc. (Davenport) for breach of a construction contract.

I

The parties entered into a written contract which provided that Davenport, a licensed general contractor, would construct a cabana and a garage on the Spiekers’ residential property. The contract provided that Davenport was to perform the work in accordance with drawings prepared by the Spiekers’ architect and changes to those drawings made by the Spiekers. Some changes to the drawings were excluded from the contract price and would be charged to the Spiekers as “extras.” The parties agreed that the price for the work specified in the contract would be on a time and material basis, plus a 15 percent fee, not exceeding $130,000. In the event that the work described in the contract cost less than $130,000, the Spiekers would only be billed the actual cost plus 15 percent. Any changes or additions to the contract would be charged as extras. The contract also provided that changes would not be made without the Spiekers’ approval. There was no explicit provision in…