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Should we be using a separate document for a change order or is a written email where they agree to the change order ok?
Should we be using a separate document for a change order or is a written email where they agree to the change order sufficient and legally binding?
1 reply
May 27, 2020
Well, a lot of that will go back to the contract you have. If you have a clear change provision in your original contract, it should outline how changes are allowed to be authorized. If the change order provision allows written authorization via email, then absolutely that should be enforceable. If the contract requires a separate amendment to be added to the contract, which must be signed by both parties and be substantially in this form which is attached to the back of the contract, then you need to follow that procedure and create your change order on the form provided. So that’s why a little bit of upfront work on making sure your claims provision is clear will help on the backend.