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Change Order -- how to keep my legal options to later challenge charges

WashingtonChange Orders

I am having a disagreement about a proposed change order the GC has submitted to me (related to framing and drywalling 3 ft walls at the top of the stairs). My view, supported by the initial contract scope of work, is that this charge (about $5000) is unwarranted and the work was part of the original scope. If this work is not performed, it will cause other delays of the broader job and be much more expensive for me to address after the rest of the contract is done. My GC knows this and is playing hardball. It makes most sense for me to sign off on the change order and challenge it post-contract (e.g., through small claims court). What is the best way to handle the change order, yet reserve my right to other recourse down the road? I don't want to unncessarily annoy my GC by using any language that would threaten legal action, but I want to ensure that the change order that I sign includes language that reserves my legal options. What are some specific ways I can do this?

1 reply

Feb 4, 2021
You can sign the CO under protest. Put forward your reasons (short concise form) why it is part of the contract. I would not bother with small claims court, but you can wait for the end of the job and deal with it on final payment.
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