When you start a construction project, you should always ensure the work agreed on is laid out in a contract which you and the other party sign. Yet it is common that changes to the original work scheduled are needed along the way.
An owner may change their mind about something, such as the tile color they want in the bathroom. Or, a contractor may encounter something that requires them to inform the owner that the job cannot be done in the way it was originally thought possible. For example, they discover that a supporting beam is so rotten it will need replacement, not just repainting.
Reducing the risk of dispute
When a change is required, it is crucial that you make a change order. This is to say both parties must sign a document outlining the changes as proof of their agreement. If that will affect the price, then the new price must also be spelled out in the document.
Yet often, this does not happen. Instead, all that occurs is a short conversation about the changes, of which there is no record. While that often turns out fine, sometimes the person paying for the work may dispute ever having requested a change or agreeing to one the contractor put forward. Or, they may dispute having agreed to the new price discussed. Alternatively, the contractor may just carry out the work as originally planned and claim they were never asked to do anything differently. Or they might make the changes but demand an amount of money the commissioning party was not expecting.
Written and signed change orders are in both parties’ interests when adjustments are required. Experienced legal guidance can help you write them and examine your options if a problem should arise.
