Tag: construction contracts

  • What Is a Change Order in Construction?

    Quick answer

    A change order is a written amendment to your construction contract that adjusts the scope of work, timeline, or price. They are normal and necessary, but they are also the primary driver of budget overruns on residential projects. The key is understanding what changed and why before you approve it.

    You receive a text from your contractor: “Found mold in the basement framing. Need to approve a change order for removal and replacement. $8,500.” Your stomach sinks. You did not budget for this. You do not know if $8,500 is fair. You have no idea what to do next.

    Why Change Orders Happen

    Change orders are not signs of poor planning or dishonesty. They are a necessary part of construction because you cannot know everything about a house until you start tearing into it. Hidden damage, outdated systems, soil conditions, or code requirements that no one anticipated emerge as work progresses.

    I have managed dozens of projects where unexpected conditions cost money. A foundation crack. Asbestos in old pipe insulation. Structural rot. Plumbing that does not meet current code. These are real problems that require solutions. The contractor’s job is to identify them and propose a fix. Your job is to understand the proposal and make an informed decision.

    The problem is not that change orders exist. The problem is that most homeowners lack the information to evaluate them fairly.

    How a Change Order Works

    A change order — often called a CO or change directive — is a formal document that must reference your original contract and clearly state what is being added, removed, or modified. It should include a detailed description of the work, the cost, and the time impact. Both you and the contractor sign it before the work begins.

    A proper change order is not a text message or a casual email. It is a numbered document with a date, a specific scope description, a price breakdown, and a signature line. If your contractor sends you anything less, ask for a formal change order.

    Change orders can be additive (you pay more and the project takes longer) or deductive (you save money or time). Some change orders also include time extensions. If the work delays the project, the contractor has a right to extend the timeline unless your contract explicitly forbids it.

    Step 1: Stop and Ask for Complete Information

    Your first instinct is often to approve the change order quickly to keep the project moving. Resist that instinct. Take time to understand what you are actually approving.

    • Ask the contractor to send you a formal written change order, not a text or email quote
    • Request a detailed scope description that explains exactly what work will be done
    • Ask for a price breakdown showing labor, materials, and equipment separately
    • Request a timeline for when the work will happen and how long it will take
    • Ask whether the change order includes any time extension to the overall project schedule
    • Request photos or inspection documentation that supports the need for the change

    Example: Instead of approving “Mold remediation: $8,500”, you ask for a breakdown that shows “Remove and replace 40 linear feet of infected rim board ($3,200 labor + $2,100 materials), treat remaining framing with mold inhibitor ($800), and dispose of contaminated materials ($1,400). Work will take 3 days, scheduled for next week. No time extension requested.”

    Step 2: Understand the Scope Change

    Read the change order carefully. It should tell you exactly what work is included and what is not. Vague language like “repairs as needed” or “additional work per site conditions” is too open-ended.

    • Confirm that the scope description matches what the contractor told you verbally
    • Check whether the change order includes cleanup and debris removal
    • Ask whether permits or inspections are included in the price
    • Verify whether the work affects any adjacent areas not mentioned in the change order
    • Confirm that the scope does not assume you will do any work yourself
    • Check the change order against your original plans to see if anything was supposed to be included already

    Example: Your contractor proposes a $12,000 change order to “upgrade kitchen cabinets.” The vague language concerns you. You ask for specifics: “Replace existing cabinetry with [specific brand and model], new hardware, new countertop, and sink installation.” Now you can verify the cabinet choice and price independently.

    Step 3: Evaluate the Price

    This is where most homeowners feel helpless. You do not know whether the price is fair. You cannot call three contractors for quotes because the work is already underway. But you can still ask smart questions that reveal whether the price makes sense.

    • Ask the contractor how they calculated the price (materials + labor + overhead + profit)
    • Request an itemized list of materials with quantities and unit prices
    • Ask for the hourly labor rate and the estimated number of hours for each task
    • Compare the material prices to online retailers or building supply catalogs if applicable
    • Ask whether the price includes any contingency for unexpected conditions discovered during the change order work
    • Verify that the price does not include work that should already be covered in the original contract
    • Ask whether the contractor has encountered similar conditions on other projects and what they typically cost

    Example: A $5,000 electrical change order seems high. You ask the contractor to break it down: “100 feet of new wiring ($400 materials), four new outlets ($120), two new switches ($80), and 35 hours of labor at $120/hour ($4,200). Permits and inspection included.” Now you can evaluate whether 35 hours is reasonable by asking what that time includes.

    Step 4: Check the Time Impact

    Change orders can delay your project, and delays cost money. A three-week mold remediation means you cannot close on your home or move in on schedule. Understand the timeline implications before you sign.

    • Ask when the work will start and when it will be completed
    • Confirm whether this work will pause other construction activities
    • Ask how the change order work affects your overall project completion date
    • If the project is delayed, clarify who is responsible for temporary housing, rent, or other delay-related costs
    • Ask whether the contractor is requesting a formal time extension to your contract
    • Determine whether you have any contractual remedies if the change order work takes longer than promised

    Example: A change order for foundation repair includes a 2-week delay while a structural engineer designs the repair. You confirm that your project completion date moves back 2 weeks and that the contractor is responsible for any additional costs if the repair takes longer than estimated.

    Step 5: Verify the Work Is Necessary

    Not every proposed change order is mandatory. Some represent genuine safety or code issues. Others represent upgrades or optional improvements. You need to know the difference before you commit your money.

    • Ask the contractor whether the work is required by code or is a recommendation
    • If a code issue, ask to see the specific code requirement and get the contractor’s interpretation in writing
    • Ask whether the issue affects the safety of the home or is a quality or preference issue
    • For optional upgrades, ask the contractor to clearly label them as such in the change order
    • If the change order is driven by a previous mistake or oversight, ask whether it should be at the contractor’s cost
    • Get a second opinion from an independent architect or inspector if the cost is significant

    Example: Your contractor proposes a $6,000 change order to “upgrade electrical panel to 200 amps to meet code.” You ask to see the code citation and call your local building department to confirm this is actually required. You learn it is optional for your home size and can decide whether the upgrade is worth the cost.

    Step 6: Document Your Approval

    When you decide to approve a change order, make sure both you and the contractor sign and date the document. This creates a clear record of what you agreed to and protects both of you if questions arise later.

    • Sign and date the change order in the designated signature area
    • Keep a copy for your project records
    • If you approve with conditions or modifications, write them clearly on the document before signing
    • If you reject the change order, communicate this in writing and explain why
    • If you are requesting more information before deciding, tell the contractor a specific date you will respond
    • After you sign, confirm with the contractor that they understand you are authorizing the work and they can proceed

    Example: You approve a change order for foundation work but add a handwritten note: “Approved as written. Contractor to provide photo evidence of repair completion before payment. Time extension to project end date acknowledged.” Both you and the contractor sign and initial the note.

    What to Watch For

    • Change orders that arrive as text messages or casual emails instead of formal documents — push back and request a proper CO
    • Scope descriptions that are vague or use language like “as required” or “per site conditions” — ask for specifics
    • Price breakdowns that lump all costs together instead of separating labor, materials, and overhead — request itemization
    • Change orders that include work you believe was part of the original contract scope — compare to your original bid and plans
    • Requests for payment before the work is complete or inspected — insist on payment after verification
    • Multiple small change orders that together represent a large cost increase — track cumulative COs and review the original estimate
    • Change orders from subcontractors sent directly to you — all changes should come through your general contractor
    • Pressure to sign quickly or lose your spot in the contractor’s schedule — legitimate change orders are not time-sensitive

    Questions to Ask Your Contractor

    A contractor who can answer these questions clearly has done the work to propose a legitimate change order. If you get vague responses or pushback, that is a warning sign.

    • What specifically triggered the need for this change order?
    • Is this work required by code, or is it optional?
    • How did you arrive at the price, and can you break it down by labor, materials, and equipment?
    • Have you encountered similar conditions on other projects, and how much did they typically cost?
    • Can you provide documentation or photos showing the condition that created the need for this change?
    • Will this work delay the overall project, and if so, by how long?
    • Does this change order price include any contingency, or will additional charges be likely?
    • Are there alternative solutions to this problem, and if so, what would they cost?
    • Is there any portion of this work that should have been included in the original contract scope?
    • Can you provide a formal change order document with a signature line for both of us?

    The Bottom Line

    Change orders are unavoidable on most construction projects, but they do not have to be budget-killers. The difference between controlling costs and watching them spiral is whether you understand what you are approving before you sign. Take time to ask questions, verify necessity, evaluate price, and get everything in writing. That discipline is what separates projects that finish on budget from projects that do not.

    Change orders are one of the most common sources of construction confusion because they involve technical decisions made under time pressure. We built Brixzly because owners deserve the same information their contractors have when evaluating changes to scope and cost. Our platform helps you understand what is actually in a change order proposal and ask the right questions before you approve it.

    FAQ

    Can I refuse a change order?

    Yes. You can decline any change order that is not required by code or safety. If the contractor believes the work is necessary, the burden is on them to explain why and justify the cost. If you refuse a change order that prevents the contractor from completing the original scope, the contractor may stop work or involve a third party to resolve the dispute. This is rare if your original contract is clear and the change is truly optional.

    Who pays for change orders caused by the contractor’s mistake?

    If the contractor made an error in the original estimate or installation, they should absorb the cost of fixing it. If the error was discovered and documented before work progressed, this is easier to handle. If it is discovered late in the project, you may need to negotiate. Get clarity on this point in your original contract before construction starts.

    Can a contractor force me to sign a change order to continue work?

    No. A contractor cannot legally stop work on the original contract scope because you declined an optional change order. If they claim they cannot proceed without your approval, ask them to explain in writing why the original contract cannot be completed as specified. If the issue is genuinely a code violation or safety problem, they do have an obligation to address it, but the conversation should be about solutions, not forced approvals.

    What if I think a change order price is unfair?

    Ask the contractor for a detailed price breakdown and request documentation of their labor rates and material costs. If you still disagree, you can request a second opinion from an independent contractor or inspector. You can also propose a lower price and see if the contractor will negotiate. Remember that the contractor has already started work and has limited options, which sometimes creates room for discussion. Document any negotiated price in writing before work begins.

    Should I get a contingency buffer in my original contract to cover change orders?

    Yes. When you hire a contractor, build a contingency — typically 10% to 15% of the contract price — into your budget specifically to cover unexpected conditions. This is not extra profit for the contractor. It is money set aside for problems like the ones described in this post. A clear contingency in your contract protects both you and your contractor by acknowledging that surprises will happen.

    Do change orders affect my timeline for getting a loan or closing?

    They can. If a change order delays your project completion by more than a few days, notify your lender immediately. Some construction loans have interest rate adjustments if the project runs past a certain date. Also, if you are planning to close on a specific date, a delay could affect your purchase agreement with a buyer. Always flag timeline impacts to relevant parties in writing.

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