Change Orders and Construction Change Directives
Extra work should not become free work.
Change orders are one of the most common sources of construction disputes. A project may begin with one scope of work, but site conditions, owner requests, design revisions, material changes, scheduling issues, or field directives can change what the contractor is required to do.
A change order dispute usually asks: Was the work outside the original scope? Was the change authorized? Was the price agreed? Was written approval required? Did the contractor waive payment by proceeding without a signed change order? Did the owner or contractor issue a construction change directive? Did the contract require specific notice before additional compensation could be claimed?
Change orders often determine whether a contractor can recover additional payment, whether an owner can reject an invoice, and whether the unpaid amount can support a Claim of Lien or Payment Bond Claims. They also overlap with Delay Claims, because extra work can affect project sequencing, completion dates, and liquidated damages.
Montesino Law assists contractors, subcontractors, suppliers, and owners with change order disputes, CCD claims, extra work claims, disputed scope, and related construction payment issues.
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Questions About Change Orders
Change order disputes often decide whether extra work becomes paid work or free work.
How do you negotiate change orders in commercial construction?
Change orders should be negotiated with clear scope, price, schedule impact, supporting documentation, and written authorization whenever possible. Contractors should also follow the contract’s notice and approval procedures before performing extra work.
Can a contractor get paid for change order work without a signed change order?
Sometimes, but it is much harder. The answer depends on the contract, course of dealing, field directives, owner or contractor authorization, waiver, documentation, and whether the work was truly outside the original scope. Written approval is usually safer.
Can unpaid change orders support a lien?
Unpaid change order work may support a construction lien if the work is lienable and otherwise complies with Florida lien law. The amount, authorization, scope, and deadline issues should be reviewed before recording a Claim of Lien.
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