We are having trouble getting change orders returned after submitting and getting approval to do the change but they won't return the signed document. So maybe we shouldnt be doing the work until the proper signing.
Hello,
Correct. No signed change orders = no work. Please communicate this in writing so you are not accused of breach of contract when you do not complete work. Lack of authorization will lead to bigger problems down the road if there are payment issues.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Typically the subcontract will state that changes or extra work can only occur with a signed change order. So, point to that provision, and submit a notice of delay, and request for change order for delay costs.
Good luck.
It turns out the GC approved the change orders in writing but their owner (7-11) wants them on their form and have not returned them and we somehow are not allowed to bill them until 7-11 returns them to the GC.
It turns out we have signed change orders from the GC but they then have to get them approved on the owners form. The owner is 7-11 and they have not gotten them back to the GC so they say we can't bill them until then. I would think however we could bill the GC for what they signed as approved as well as our final retainage.
Again, regardless of the status of change orders, you need to submit by certified mail notice of non-payment with a funds trapping notice to the Owner and General Contractor by the 15th day of the third month after the end of the month in which you performed the unpaid work (whether or not there was a change order in place).
The month in which the unpaid work was performed is instrumental in determining the deadline for submitting notices or filing liens. If this is not clear, retain a construction attorney to evaluate your legal rights and to provide advice.
Good luck.