In the dynamic world of construction, change is inevitable. Whether it’s due to unforeseen site conditions, design modifications, or a shift in the owner’s needs, changes to the original construction contract happen frequently. These changes, if not properly managed, can lead to disputes, delays, and costly litigation.
That’s why a well-drafted Florida construction contract must include a clear and enforceable change order procedure. At the Law Office of Jonathan P. Cohen, P.A., we help contractors, developers, and property owners navigate the legal complexities of construction contracts—ensuring their agreements protect them when change is the only constant.
What Is a Change Order?
A change order is a formal amendment to the original construction contract that outlines modifications to the scope of work, price, timeline, or other critical terms. Change orders are common and often necessary, but without a clear process for how they’re approved and documented, they can become a major source of legal conflict.
Having a reliable change order procedure in your contract gives all parties a roadmap to handle these adjustments fairly and efficiently.
Why Change Order Procedures Matter
Disputes over verbal agreements or unauthorized changes are some of the most common causes of litigation in Florida construction projects. A strong Florida construction lawyer will emphasize the importance of establishing a written process for all modifications to the contract.
A proper Change Order Procedure ensures:
- Clarity: Everyone understands what has changed and why.
- Documentation: Written records protect against memory lapses or miscommunications.
- Accountability: All parties agree to the changes before work continues.
- Legal enforceability: Courts are more likely to uphold agreements that follow the procedures outlined in the contract.
What to Include in a Change Order Clause
At Jonathan P. Cohen, P.A., we advise clients to include the following elements in their Change Order Procedures:
- Written Requirement
All changes to the scope of work, price, or schedule should be made in writing and signed by authorized parties. Verbal agreements are rarely enforceable in court. - Authorization Protocol
The contract should clearly state who has the authority to approve changes—whether it’s the owner, contractor, architect, or project manager. - Scope of Changes
Each change order should detail the specific modifications being made, including drawings, materials, quantities, or tasks affected. - Cost Adjustments
If the change increases or decreases the project cost, the new total should be calculated and included in the change order. - Time Extensions
Some changes impact the project schedule. Any revised completion dates or interim deadlines should be documented. - Dispute Process
If one party disputes a proposed change, your contract should outline the process for resolution—whether through mediation, arbitration, or court proceedings.
Common Issues with Change Orders
Unfortunately, many Florida construction projects suffer from loosely defined or poorly followed Change Order Procedures. Common pitfalls include:
- Continuing work based on verbal changes
- Failure to document price or schedule adjustments
- Disagreements over scope, especially when multiple subcontractors are involved
- Lack of authorization, where someone approves a change without proper authority
These mistakes can result in unpaid work, project delays, or even lawsuits. With a properly drafted clause and proactive legal guidance, many of these issues can be avoided entirely.
Work with a Florida Construction Lawyer You Can Trust
Jonathan P. Cohen, Esq. is a seasoned Florida construction lawyer who has represented contractors, developers, and property owners in both drafting and enforcing Florida Construction Contracts. With extensive experience in construction litigation and transactional matters, Jonathan helps clients implement Change Order Procedures that reduce risk and promote smoother project execution.
At Jonathan P. Cohen, P.A., we understand the fast-paced nature of construction and the importance of being legally prepared when change happens. Our firm provides personalized legal services to ensure your contracts work for you—not against you.
Contact a Florida Construction Contract Lawyer Today
Whether you’re a contractor seeking payment for extra work or an owner managing project changes, don’t wait until a dispute arises. Get ahead of the issue by working with a trusted legal team. Call us today at (954) 462-8850 to schedule your appointment, or visit us online at www.jcohenpa.com.
The information provided in this article does not, and is not intended to, constitute legal advice. The content in this article is presented for general informational purposes only.