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Change Orders — Get It in Writing

Kegler Brown Construction Newsletter

A constant source of disagreement between owners, contractors and subcontractors is entitlement and amount of change orders. The following issues need to be kept in mind from the initial contractual negotiations through to contract close-out.

  • What does the contract provide with respect to advance notice, in writing, etc.?
  • Can you be forced to perform extra work without an agreement?
  • Who has the authority to sign a change order?
  • Are you, if a subcontractor, limited to the contractor's remedies against the owner?
  • By receipt of a change order, have you closed out any delay claims for the cumulative effect of multiple changes?
 
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