Extra Work Claims Construction Lawyer
If you are dealing with a contracted project and encounter the need for extra work claims, change orders and cost-plus contracts, contact the experienced construction law attorneys in Gainesville, FL, with at Warner, Sechrest & Butts, P.A.
Construction Law Contract Attorneys In Gainesville, FL
Our contract lawyers ensure that all contracts should, and many do, have change order clauses. A change order clause should describe a specific process for proposing and approving an increase or decrease in the scope of work that is to be performed under the original contract and any resulting increase or decrease in payment and time of performance. One common problem is when the contract requires all change orders to be in writing, but during the project, verbal approval is given and the work is done. In these cases, the actions of the parties may determine the outcome of the dispute rather than the contract language.
Most clauses do not specify what the parties should do if an agreement cannot be reached regarding a specific change order. Change order disputes are a common source of disputes between owners and contractors and between contractors and subcontractors. Sometimes the issue stems from unclear plans and specifications that led to an underbid on the work in question. The board-certified construction law specialists at Warner, Sechrest & Butts can help you evaluate your change order claim or defense.
Cost Plus Contracts
Some construction contracts are known as “cost plus contracts” in which the contractor has agreed to perform work his costs plus a set fee or percentage. These types of contracts are often used when it is anticipated that plans will be somewhat incomplete or changed during the course of the conflict. Cost plus contracts often don’t involve specific change order procedures, because there was never a specific price to be deviated from. Nonetheless, serious questions can arise over whether unexpected or extra work was justified or what the cost should be. Should a contractor absorb the costs? Should the contractor recover costs only? Should the contractor recover costs plus overhead and profit? Our construction law experts at Warner Sechrest & Butts, P.A. can help you evaluate your extra work claim or defense.