Contractor Disputes in Virginia: When Skipping Change Orders Leads to Litigation

By Anthony I. Shin, Esq. | Construction Litigation Attorney | Shin Law Office

When Skipping Change Orders Turns Into a Lawsuit in Loudoun & Fairfax County

Let me be honest with you—if you’re working construction in Virginia and not using written change orders, you’re asking for trouble.

I’ve sat across the table from good, hardworking contractors who did everything right in the field—but didn’t protect themselves on paper.

The job changed, the client asked for more work, and everyone “agreed”—but nothing got signed.

Weeks later, the client refuses to pay, and the contractor’s out thousands.

That handshake?

Doesn’t hold up in court.

Why Change Orders Matter

When a job changes—and it always does—you need something in writing that says what’s being added, how much it’ll cost, and when it’ll get done.

That’s a change order.

Without it, it’s your word against theirs.

And in court? The judge won’t care what was “understood.”

They’re going to look at the contract—and if the change isn’t there, you’ve got a problem.

The Mistakes I See Over and Over

I get it. You’re busy.

The client’s in a rush.

You want to keep the job moving.

But here’s what gets contractors in hot water:

  • Doing extra work without written approval
  • Relying on text messages or “Yeah, that’s fine” from the owner
  • Waiting until the job’s done to bring up extra costs
  • Assuming a long-time client won’t stiff you

It’s not about trust—it’s about protecting your business.

What I Do for My Contractor Clients

I work with builders, subcontractors, and general contractors throughout Virginia.

I help them write solid contracts with clear change order rules.

If there’s already a dispute, I jump in to fight for what they’re owed.

But I always tell them the same thing: The best way to win a dispute is to avoid it in the first place.

And that starts with getting every change in writing.

Here’s My Advice

Stop doing extra work based on a nod or a quick call.

Please slow down, write it up, and get it signed.

It doesn’t have to be complicated—but it needs to be clear.

You’ve got enough to worry about on the job site.

Don’t let a missing change order undo all your hard work.

If you’re currently dealing with a contractor dispute or want to tighten up your contracts to prevent this from happening again, please give me a call.

I’ll help you get ahead of it.

Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.