Change order request for material mix up

3 weeks ago

I install decking and railing on large apartment complexes. My contract consists of all material and labor. The Material is picked out by the general contractor and I just add it to my contract. Recently we were going over the details as the railing just showed up on site and his plans are different then what I received from the railing supplier. The general contractor had 10total posts on each deck but the railing supplier had only 4 using the columns and walls to tie into instead of end posts. I requested a change order to cover the extra costs of adding 6 more posts to each deck with a total of 54 decks. He declined my request and said I need to come up with the extra $19,000 in post cost to complete it as his plan shows, is this right?

Additional info about this contractor
Project Role: Subcontractor
Project Type: Residential
Senior Legal Associate Levelset
355 reviews

I don’t think I completely understand your situation. But, you’ll generally be required to perform as you’ve agreed under the contract.

If the contract calls for you to install the materials per the supplier’s instructions, then that’s what’s required – and the contractor can’t unilaterally increase the scope and volume of your work. If the contract is silent about how the materials will be installed, then the materials should likely be installed pursuant to the supplier’s instructions. And, if the contract calls for you to install the materials however the contractor sees fit, then it’s possible you might be required to do the extra work (though, if the price was based on a misunderstanding, you may be able to renegotiate that).

But, if there isn’t enough in the contract to direct exactly how the work should be done, or if the contract pricing isn’t flexible enough to accommodate the newly added work, it’d probably be wise to consult a Wisconsin construction attorney. They’ll be able to review your agreement and determine your rights and obligations under the contract. Plus, they can also help negotiate if necessary.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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