Construction projects often evolve constantly while work is underway. Various issues can delay or otherwise change the scope of a construction project.
Significant changes generally require communication with clients and possibly a written change order acknowledged by the property owner or party who contracted the work. What changes may require a written change order to protect the construction business from future lawsuits? Let’s look at three.
1. Scope adjustments
When a simple cosmetic remodeling uncovers structural issues, plumbing concerns or wiring that does not meet code, professionals must typically address those issues. Any substantial change in the scope of a construction project generally requires a signed acknowledgment from the client.
2. A change in materials
Clients may request specific materials based on personal preference or aesthetic standards. Certain types of stone or hardwood can occasionally become difficult to source. Any change in materials, especially if it contradicts direct contractual standards set by the client, generally necessitates a written notification signed and approved by the client. They may prefer to wait longer or pay more to obtain the materials they requested.
3. A change in timeline or costs
Clients often select construction professionals or firms based on the projected costs or completion timeline for a project. When uncontrollable factors lead to delays or drastically alter the overall cost of the project, the client may need to confirm those changes in writing.
The right inclusions in a contract and appropriate written communication with clients are both critical for the protection of construction companies. Working with an attorney experienced with construction law can make a major difference for those trying to limit their exposure when the construction project does not go as planned.
