By Anthony I. Shin, Esq. | Construction Litigation Attorney | Shin Law Office
I’ve practiced construction law throughout Northern Virginia, and if there is one document that can derail a project faster than a missed deadline, it’s a poorly drafted change order.
Change orders, whether created by a contractor, subcontractor, or property owner, often lead to confusion and litigation when they’re not adequately prepared.
The issue is that most people do not consider the legal ramifications of a change order until they are already embroiled in a dispute.
It’s no secret, though.
What Is a Change Order Dispute?
In the simplest terms, a change order amends the original construction contract.
It might be a change in scope, materials, timing or price.
However, if that change is not unequivocally agreed upon and documented, it leads to disputes over who owes what, when, and why.
I work on change order disputes frequently, especially in fast-track projects where owners are pressing to build more quickly and contractors are trying to keep up without falling behind.
Where Change Orders Go Wrong
1. Verbal Agreements
Someone says, “Go ahead and install it,” but no one records it. Now there’s confusion about whether the extra work was authorized—and who should pay for it.
2. No Written Approval
Even if everyone agrees in principle, if the change wasn’t signed off in writing (and often by the right person), courts might throw it out.
3. Scope vs. Cost Mismatch
The contractor performs extra work, but the change order doesn’t spell out the pricing. Suddenly, the owner is shocked by the bill and refuses to pay.
4. Stacked Changes
Multiple minor changes pile up without proper documentation. When the project ends, a significant gap remains between what was billed and what was budgeted.
My Legal Strategy for Change Order Disputes
When you bring me in, my first move is always the same: I review the original contract, the change orders (if any), and all communications—emails, texts, job logs, and payment records.
From there, I evaluate three key things:
- Authority: Did the person approving the change have legal authority?
- Documentation: Is there clear proof that both sides agreed to the change?
- Compliance: Did the change follow the procedures outlined in the contract?
Once I understand where the breakdown occurred, I’ll work to resolve the issue, whether through negotiation, mediation, or litigation.
Virginia Courts Take Contract Terms Seriously
Northern Virginia judges expect contractors and owners to adhere to the rules they have put in writing. If your contract requires written change orders signed by both parties, and you skipped that step, you’re facing an uphill battle.
I help clients prepare for that courtroom scrutiny, so you’re not left trying to explain vague texts and informal approvals.
Questions I Hear All the Time
“Can I get paid for work that wasn’t in writing?”
Maybe. Virginia courts sometimes allow oral modifications, but only if there’s strong evidence the other party knew, accepted, and benefited from the work.
“What if the change was urgent?”
Even urgent changes can be documented. I often advise clients to create email confirmations immediately after the fact to preserve their claim.
“The owner approved it—but not in writing. Am I stuck?”
Not necessarily. I’ll review communications, conduct, and industry custom to build your case. But next time, get it in writing.
How I Help Clients Avoid Change Order Disputes
Litigation is costly. Prevention is cheaper. I draft and review construction contracts with clear change order clauses that protect your bottom line.
I also train project managers to document field changes before they become legal problems.
And when it’s too late for prevention? I litigate change order disputes to ensure my clients are paid and their projects are back on track.
Final Thoughts
In construction, change is part of the job. But when changes aren’t documented, they can lead to costly delays and lawsuits.
If you’re in a dispute—or want to avoid one—call my office today at (571) 445-6565.
I’ll help you understand your rights, protect your contract, and keep your business moving forward.
At Shin Law Office, I don’t just resolve disputes—I help you avoid them next time.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
