I am not entirely sure if this is a TRID question or not, so feel free to move this question if preferred.

We've recently been informed that our construction draw company is increasing the amount it costs per draw. We disclose all draws on the LE and CD and collect for those amounts at loan closing. However, due to no fault or our own, we now have not collected a sufficient amount per draw. We have closed a handful of loans recently and would like to be able to charge the increased draw amount so we aren't forced to eat the difference.

Do our construction documents dictate if we are able to collect the difference between the disclosed amount and the increased amount? I do not believe we'd owe a revised CD either way, since that was accurate as of closing; correct?

Thank you for the feedback.

Yes - this is a contractual issue.