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What do you do when your Client refuses to issue a Change Order

Our Client is demanding additional work outside of the contract scope but is refusing to issue a Change Order for it. They say that what they are asking is part of the "coordination" required for the project but they are asking us to go back and re-work our design work that we have already performed on the scope, without additional compensation. Also, our contract states we have to keep working so there are not delays but the scope they are asking for is obviously over and above the scope. What can we do?

1 reply

Feb 17, 2020

It depends on what the contract says. But generally a client cannot force you to perform work outside of the scope of the contract without a change order modifying the contract. And usually the contract will make clear that the contractor is not obligated to perform extra work without a signed change order. Some contracts allow for "construction directives" which are basically and order by the owner that the contractor perform extra work even though they are unable to agree on the price or if it is extra work. Under this scenario the contractor proceeds pursuant to the directive as not to delay the project and any dispute over the scope and cost is reserved for later. But if no such provision exist, you cannot be forced to perform the extra work without an agreement to pay for it. Assuming that the contract does not have a different procedure, you can indicate to the owner that you are ready willing and able to proceed with your scope as originally contracted for. But if the owner does not want you to proceed with the originally contracted for work because the owner desires these changes, the owner should state this in writing. Then per the owner's instructions you will not have to proceed with the old scope of work. If the owner wants you then to instead proceed with the new scope of work, they will have to agree on a change order. Keep in mind, this solution assumes that you are confident that the changes cannot be considered as part of your original scope of work and is based on general assumptions without knowing the actual contents of your contract. You should follow the express terms of your contract as much as possible.

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