Slavin

This is an appeal from an award in favor of contractor Leon Slavin (respondent) and against property owner Joan W. Borinstein (appellant) for contracting costs, fees and profits relating to a residence in Bel Air. Appellant asserts one issue on appeal: that the trial court erred in not finding that an amendment to the original agreement between appellant and respondent dated August 10, 1983, was a covenant which limited respondent’s recovery for contractor’s fees to the total sum of $300,000. We find appellant’s argument without merit and we affirm.

Statement of Facts

In December of 1981, Albert Fink (Fink), appellant’s agent, asked respondent if he would like to build a custom house in Los Angeles for appellant. Respondent answered in the affirmative and asked to see a set of plans; however, no set was available. Fink asked respondent to send him a resume of his prior contracting experience, and respondent complied on December 31, 1981.

Shortly thereafter, respondent spoke with Fink about the conditions under which he would work as a contractor. Fink indicated that appellant was prepared to pay a fee of 10 percent of cost, and that she preferred to set the fee in that…