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  • Home
  • About
    • Kenneth A. Bohnert
    • Ted Lasley
    • Bradley R. Palmer
    • Edward F. Busch
    • Chris F. Gorman
    • Scott A. Johnson
    • Richard M. Sullivan
    • Maureen P. Taylor
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  5. How do change orders lead to legal conflicts?

How do change orders lead to legal conflicts?

On Behalf of Conliffe, Sandmann & Sullivan, PLLC | Oct 3, 2025 | Construction Litigation

Construction projects rarely go exactly as planned. Change orders allow adjustments when new work is required, materials shift, or timelines change. While these documents help keep projects moving, they often create disagreements between owners, contractors, and subcontractors. When communication breaks down, change orders can spark costly legal conflicts.

Misunderstandings about scope of work

A common source of conflict comes from unclear scope changes. If a change order is vague about the work required, both sides may walk away with different understandings. For example, a contractor may believe the change only applies to one part of the project, while the owner expects much more. When the final bill arrives, disputes about responsibility and payment often follow.

Disagreements about costs

Change orders usually increase the overall cost of a project. If the order does not clearly state pricing, arguments can arise. Contractors may submit charges the owner did not anticipate, or the owner may refuse to pay amounts they feel are excessive. Without clear documentation, proving what was agreed upon becomes difficult, leading to legal claims over unpaid balances or alleged overbilling.

Issues with timelines

Another point of conflict is the project timeline. Change orders may add work that extends deadlines. If deadlines shift without a written agreement, parties may clash over who is responsible for delays. An owner may argue the contractor failed to meet the schedule, while the contractor may insist the changes made timely completion impossible. Courts often must decide whether the delay was reasonable and who bears the costs.

Preventing disputes

The best way to avoid these conflicts is by drafting clear, detailed change orders. Each order should include a precise description of the work, updated costs, and adjusted timelines. When all parties understand the terms, disputes are less likely to arise. Proper documentation not only protects everyone involved but also keeps projects on track.

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