change order disputes
Overview
Change order disputes can be a headache for an owner and a possible game changing profit center for a contractor. Knowing the applicable change order provisions of the construction contract, along with proper legal counsel, can help enforce the parties’ existing agreement about how to fairly deal with changed conditions.
The change order dispute attorneys at Flores Ryan, LLP have expertise in every aspect of California and Federal change order disputes. We provide the legal expertise to ensure that each change order dispute is handled efficiently and effectively. Our extensive experience as change order disputes attorneys allows us to advance change order disputes strategically to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
CSLB Investigations: The Rules Of The Road
Many contractors do not know that they have important rights and protections during a CSLB investigation. What should a contractor do or not do, say or not say, when they receive a CSLB investigation letter?
What Constitutes Completion - California Construction Projects
Defining what constitutes completion on construction projects in California can be a complicated process. This article will help define what constitutes completion.
Subcontractor Substitution On California Public Works
Subcontractor substitution in California is necessary due to the strict nature of subcontractor listing laws for public works projects. This article will cover subcontractor substitution in California.
The Payment Bond Claim On California Construction Projects
Asserting a payment bond claim on a California construction project can substantially improve the likelihood of getting paid.
KEY POINTS
- If the changed work is outside the general scope of the work in the original contract (or if the owner has issued numerous changes which result in the project being significantly different that the project described in the original contract), then the owner may be confronted with the contractor's claim that the extent of changes represent a "cardinal change" or an "abandonment" of the contract.
- Substantial differences exist between change order disputes on public works of improvement versus change order disputes on private works of improvement.
- In certain instances, the written change order provisions in a contract can be waived by the conduct of the parties.
- If the parties agree that a contractor is entitled to change order, but dispute how it should be priced, the contract's change order provision will likely dictate how the pricing will occur.
- A contractor's performance of work without a change order, or even an owner's directive, puts the contractor at risk of not being compensated for the extra work performed.
FORMS
Below you can generate the following forms applicable to change order disputes: