Can you collect for extra work that was never put in writing?
Short answer. Possibly not. Without a signed change order you did the extra work at your own risk, and the homeowner is within her rights to hold to the contract price. Get every change in writing before doing the work.
Work it through
You're the contractor. Pick what you'd do, then see how each choice plays out.
Sarah Mitchell
First-time homeowner who wants a kitchen renovation
The project is done. Sarah opens the final invoice and sees $4,200 more than the contract price.
"We never agreed to this! The contract says $22,000, not $26,200. I'm not paying a penny over what's in writing."
- Lesson learned
You installed $4,200 in upgrades she asked for, but without written authorization you have weak standing. She may agree to pay part of it, but she's within her rights to hold to the contract price. The lesson: ALWAYS document changes in writing before performing the work. A 5-minute change order saves a $4,200 argument.
- Wrong
Withholding inspection paperwork or certificates of completion as leverage is coercive and can be considered a violation. The contract price is $22,000. Without a signed change order, you authorized the additional work at your own risk. Filing an MHIC complaint is Sarah's natural next step, and the Commission will look at the contract, not your verbal recollection.
All 11 deposits, payments & change orders questions
- How large a deposit can a Maryland contractor take?
- Can you accept full payment up front for a home improvement job?
- Must you refund a deposit if the homeowner cancels before work starts?
- How do you collect an overdue progress payment?
- Can a homeowner hold back part of the final payment?
- Who pays the fee when a homeowner pays by credit card?
- Does added work need a written change order?
- Can you collect for extra work that was never put in writing?
- How do you handle a weather delay past the contract completion date?
- What if the insurance payout is lower than your estimate?
- How do you handle a client whose vision is bigger than the budget?