If you are a construction professional, you know that things don’t always go according to plan. Whether it’s an imperfect design in pre-construction, the total time needed to complete the work, or equipment, material, or workforce issues, contractors often need to deviate from plans on a project. When significant alterations need to be made to a project, that’s when change orders come into play. In this six-part article, we will catch you up to speed on everything you need to know about the change order request process in construction.
What is a Change Order?
A change order is a written request from one contracting party to the other proposing that a change to the scope of the work be made. It’s important to note that this change order focuses on adjustments during the building process and that these changes were not previously covered in the contract. In other words, a change order is essentially a mutual agreement by both contracting parties to amend the original contract to include this additional work.
Preparing a Change Order
As Miami construction lawyers, we know that there are countless contracts in place on a project including the written agreements between the owner and the general contractor, the contractor and subcontractors, and even between subcontractors and sub-subcontractors. A change order can be proposed by any of these professionals to any other contracted party. These proposals are often submitted for a wide range of reasons.
Agreeing to a Change Order
Although any affected party in a project can request a change order, it’s important to note that the receiving party does not have to agree to this proposal. The contracting party that receives a change order can either accept or refuse this request. In other words, just because one contracting party desires a modification, the other party does not have to agree to these changes. As we will discuss in more detail throughout this series, along with a change order, the professional will need to provide an itemized list of the changes and the total expense that these changes will incur.
As a firm of Miami construction lawyers, we are intimately familiar with the change order process. We are also extremely knowledgeable in regard to all aspects of contract law in the construction industry. If you need assistance with a contract do not hesitate to contact a Miami construction lawyer. At Cotney Construction Law, we offer a fixed price for drafting and reviewing contracts.
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.