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A general contractor did work we didn't agree on and is demanding payment. What do we do?

OhioChange Orders

We hired a general contractor for a siding job. He is not listed through the BBB. In the original contract it only stipulates the removal and replacement of the siding, fascia, soffit, gutters and garage door frame. There is nothing listed about change orders. Now he is coming to us with these changes that he completed and is expecting payment. All he gave us was an invoice and never discussed cost or how he would handle a change if it came up. What do we do?

2 replies

Jan 10, 2020

A change order is a modification to the scope of the work set forth in the contract itself, and accordingly, it is always best practice to get change orders agreed to in writing by both sides in order to avoid disputes later. When the change order is not specifically set forth and agreed to in writing problems often arise with respect to cost, timing, or scope. The contract itself can set forth whether certain change orders must be presented in writing for approval - often change orders that do not impact the contract price or time frame will be allowed without written approval. AIA and Consensus document templates both make a distinction between significant changes and incidental changes. Generally, however, a change order that impacts the price of the project must be approved in writing by the property owner. Absent the express agreement to allow for certain changes without such approval, a property owner can argue that the work was not authorized and, accordingly, nothing is owed for such work. Other than withholding payment pursuant to the dispute that the work was unauthorized, it may require the services of an attorney to take a good look at your particular contract and situation and provide some guidance.

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Aug 6, 2021

A contractor did unapproved work and expects payment. What kind of attorney do i need.

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