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Can a contractor decline to execute a change order in CA?

CaliforniaChange Orders

I contracted to upgrade the electrical panel on my home in July. The preliminary proposal included the installation of an EV charger at an additional cost of $600. I failed to notice when the contract was e-signed that the EV charger install was not included. No work and no communication occurred until December 12. At that time I realized my oversight and began discussion on changing the contract to add the installation of a dedicated outlet in the garage for a Level 2 EV charger. After multiple emails with the contractor, I received an email that the change order would be written up. The next day I received an email that after discussions with management they could not do the change order, but would leave a stub-out for future work. Is that acceptable under CA law and standard practice in the industry?

1 reply

Dec 22, 2022

Generally holding the contractor responsible for his proposal would be difficult if not incorporated into the signed contract. It may be barred by ther Parole Evidence Rule and Statute of Frauds, absent a showing of fraud on part of the contractor. 

However, IF the contract was not yet completed and final inspection had not yet occurred, then the homeowner can request changes to the contract unless the changes are unreasonable. B&PC 7159. As the original proposal included the EV Charger, requesting a change order including the EV charger doesn't sound unreasonable to me. On the flip side if the contract was already completed, then it would not be a change order, but a new contract which the contractor has no obligation to enter into. 

A concern from a building standpoint would be why does the contractor not want to put in the EV Charger. Is the new electrical panel not adequately sized for the EV Charger? You should probably have another licensed electrician come out and give you an estimate to install the EV Charger, and inspect the new electrical panel. 

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