By Anthony I. Shin, Esq. | Construction Litigation Attorney | Shin Law Office
Fairfax Contractors: Why Verbal Agreements Don’t Hold Up in Court
In the construction world, verbal agreements are standard, but in court, they’re nearly worthless.
I’ve represented contractors in Fairfax County who trusted a long-time client’s word, did the extra work, and then got stiffed on payment.
When we end up in court, the client suddenly forgets what was agreed to.
And without something in writing?
There’s not much to stand on.
This is why handshake deals don’t hold up, and why a simple signed change order can be the difference between getting paid or getting burned.
The Real Risk of Verbal Agreements
I get it. You’re trying to move the project forward.
The client wants a quick change, you say yes, and nobody wants to slow things down with paperwork.
But when payment time comes, things can change fast:
- “I never asked for that.”
- “You said it was included.”
- “We didn’t agree on the price.”
- “You didn’t finish it the way I expected.”
Without proof, it becomes your word against theirs—and Virginia courts don’t enforce verbal change orders.
Why Change Orders Matter So Much
A change order is a written agreement that confirms the scope, cost, and approval of additional work.
It protects both sides.
And in litigation, it’s one of the first things a judge looks for.
Here’s what it should include:
- A description of the added work
- Cost and materials
- Timeline impact (if any)
- Client’s signature or written approval
Even an email thread can help—but a signed document is best.
What I Do for Contractors in Fairfax County
When things go sideways, I help contractors:
- Enforce written change orders in court
- Prove implied approval through emails and texts
- Defend against false claims of overbilling or poor work
- Tighten up contracts and change order procedures for future jobs
But ideally, I want you to avoid litigation altogether, and that starts with locking down every agreement in writing.
Final Word
If you’re a contractor in Fairfax County, stop relying on handshakes, texts, or “understandings.”
It’s not enough. A single missing change order can cost you thousands—or more.
If you’ve already hit a payment dispute or want to protect future jobs, let’s talk.
I’ll help you write contracts and processes that hold up when needed.
Don’t trust your reputation to a handshake.
Get it in writing—every time.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
