Construction
Construction Change Orders: Build a Record Before the Dispute
How to organize scope, authorization, price, and schedule information when a project changes.
Identify the original baseline
A change makes sense only in relation to what was originally required. Assemble the signed agreement, incorporated plans and specifications, allowances, exclusions, and amendments. If the parties are working from different versions, resolve that document question before treating the difference as settled.
The contract may distinguish a change in scope from correction of deficient work, a clarification, or work already included in the price. Avoid labeling every added cost a change order without examining the underlying obligation.
Record who requested and approved the work
Separate the request from the approval. A field instruction, estimate, proposed change, and signed authorization may be different documents from different people. Preserve each one with its date and the surrounding correspondence.
Review the agreement’s authority and notice provisions. An individual involved in daily coordination may not have the same authority as the person designated to approve a price or schedule adjustment. If authority is unclear, flag it for prompt review.
Connect price to scope and schedule
A useful change record identifies the work, pricing basis, assumptions, exclusions, and any stated effect on completion. Supporting labor, equipment, material, and subcontractor records can help explain the amount later.
Track whether the parties have resolved only price, only permission to proceed, or also the effect on time. Ambiguous treatment of schedule impacts can leave a significant issue open even when the work itself has been authorized.
Keep payment and lien questions separate
Florida construction lien requirements can involve specific notices and deadlines. A change-order log does not replace the legal steps that may apply to a payment or lien claim. The Florida Bar and DBPR provide useful starting material, but individual requirements depend on the role, project, and facts.
When payment is disputed, preserve applications, invoices, releases, proof of delivery, and communications. Obtain timely advice about the actual documents and dates rather than relying on a generic deadline calculation.
Use a living project record
Maintain a single list of proposed, approved, rejected, and unresolved changes. Link each entry to its supporting documents and identify what decision remains open. Distinguish factual entries from positions taken in a dispute.
This practical organization can support negotiations and legal review. It does not determine whether a particular change is enforceable or what amount is recoverable.
Documents to gather
- Original contract and applicable drawings.
- Change requests, approvals, pricing, and notices.
- Schedules, daily logs, photographs, and delivery records.
- Payment applications, invoices, releases, and correspondence.
Sources and further reading
This resource provides general information, not advice for a particular matter. Applicable contracts, governing law, facts, and deadlines require individual review.
Explore this practice →LET’S DISCUSS WHAT COMES NEXT