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Drafting A Change Order Provision

A change order that takes place during a construction project is one of the more disputed issues in the construction industry. A contractor can do everything in their power to manage their time properly and have a flawless project design, but there’s alway a risk that a change order will occur regardlessly. As Jacksonville construction attorneys, we are aware that when these change orders do occur, it’s important for contractors to effectively manage change orders to avoid them causing project failure.

Draft Your Change Order To Anticipate any Changes

When it comes to drafting change order provisions, contractors should keep in mind that the change order discussion needs to happen in the early stages of the construction project. When drafting the change order provision with your Jacksonville construction lawyer, we recommend including a clause that anticipates any change order provisions in the project. We suggest drafting the clause so it sets the tone for future procedures for issuing any written adjustments to the contract for:

  • Any new work to be performed
  • Any costs for changed work
  • Any schedule changes could potentially be required for performing the work

We know that changes in contracts typically occur when there are unforeseen project conditions, such as changes to the project tasks order or design document errors. No matter what circumstances lead to a contract change, contractors should always strive for it to end with a formally written change order from the contract that the owner agrees to.

What Should a Contractor Include in a Change Order

When it comes to a change order clause in a construction contract, it might include a provision about how to calculate the cost of the changes (including equipment and schedule adjustments) as well has how much time the contractor will allow the owner to accept or reject the change order. Another thing contractors should make sure to include is what will happen if a delay occurs.

To schedule a consultation with an experienced Jacksonville construction attorney, please call us today at 904.425.5030 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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