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Question DetailsAsked on 12/30/2016

is it legal for my home contractor to do change orders without tell me the price?until after he get it done.

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He can write up all the change orders he wants - but they have no legal weight nor are they in any way binding on you until you sign off on them - as is or modified after the negotiation which should have gone on BEFORE he wrote them up.


However - IF he is doing change orders and telling you he is preparing them and holding them till the end of the job, or is presenting them to you without pricing, THEN you have received notice of probable cost overruns or change of scope - and failure to resolve those promptly might be construed as implied consent by you, so you need to get the change orders resolved, priced (at a price you agree to which could be zero in some cases if you don't agree with the change order or believe that item was already included in the original scope), and either signed by both parties - or rejected by you as not approved.


Also - unless there is a change of scope in the work, with your approval, there should not be change orders if he is working under a firm price contract. If the scope of work was not fully determinable at the start, or you fell into the trap of an "estimate" rather than a firm "bid" on the job, I would recommend getting a firm contract price in writing now and amending the contract to a firm price rather than "estimate" basis, otherwise you are effectively giving the contractor a blank check to work with.

Answered 1 year ago by LCD




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