By Anthony I. Shin, Esq. | Construction Litigation Attorney | Shin Law Office
Mclean, VA Contractors: What to Do When a Client Ignores Your Change Order
You did the extra work.
You submitted the change order.
The client approved it or at least didn’t object, and now they’re refusing to pay.
Sound familiar?
I hear from Mclean contractors all the time who get stuck in this exact situation.
They followed the process.
They put in the time and materials.
But when the job wraps up, the client suddenly claims they never agreed to the change or that it “wasn’t part of the original deal.”
Here’s what you need to know and what steps you can take to protect your payment and your business.
Step 1: Gather Everything—Fast
Before we even talk legal strategy, gather all your documentation:
- The signed change order (if you have it)
- Emails, text messages, or voicemails that mention the change
- Invoices and receipts for added materials or labor
- Photos showing the work that was done
- Any updated project schedules or revised scopes of work
Even if the client never signed the change order, we may still have a case if there’s sufficient evidence showing that the work was requested, performed, and acknowledged.
Step 2: Get Clear on the Original Contract
Every case starts with the contract. I review:
- What it says about change orders
- Whether written approval was required
- If there’s a clause about payment timelines
- Dispute resolution terms (mediation, arbitration, or court)
In Virginia, if the contract requires a signed change order and you don’t have one, it’s harder but not impossible to make your case.
Step 3: Demand Payment Formally
If the client ghosts you or flat-out refuses to pay, it’s time to escalate the issue.
I usually start with a formal demand letter that:
- Outlines the work done
- Cites the change order and contract terms
- Requests payment within a defined window
- Warns of legal action if ignored
Sometimes, that’s enough to get them to pay. Other times, it’s just the first step.
Step 4: File a Lawsuit or Mechanic’s Lien
If the demand letter doesn’t work, we consider:
- Filing a lawsuit for breach of contract or unjust enrichment
- Recording a mechanic’s lien on the property (if within Virginia’s lien deadlines)
- Pursuing mediation or arbitration, if required by the contract
I’ll walk you through the best option based on how much you’re owed, the strength of your documents, and the terms of your agreement.
Step 5: Strengthen Your Contracts Moving Forward
Most contractors don’t call me until something goes wrong.
But once we resolve the dispute, I always help tighten up their contracts.
That includes:
- Clear change order procedures
- Defined approval methods (digital signature, email, etc.)
- Payment schedules with teeth
- Dispute clauses that don’t drain your time or budget
If you’re dealing with non-payment in Mclean, don’t let it drag on.
The longer you wait, the more difficult it becomes to enforce your rights.
I help contractors across Fairfax County recover what they’re owed—and prevent it from happening again.
If your change order was ignored and the client isn’t paying, let’s talk before the window to act closes.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
