Construction Change Orders and Extras: What to Check
The change-order clause decides whether extra work gets paid. The trap is performing work on a verbal direction the contract says is not compensable.
Last reviewed: May 26, 2026 by the BizLeaseCheck Editorial Team
General information, not legal advice.
Overview
Change orders document a change in scope, price, or time. Construction contracts usually require changes to be approved in writing before the work is performed.
The risk is a mismatch between how jobs actually run — fast verbal directions in the field — and a clause that bars payment for any change without a signed written order first.
Topics to check
Many contracts say no payment is due for changed or extra work unless a written change order is signed before the work begins. That protects the payer from surprise costs but can leave a contractor unpaid for work it was verbally told to do.
Look for a "construction change directive" or interim-directive mechanism that lets directed work proceed and be priced later, and for a notice-and-claim procedure with deadlines you can realistically meet.
Check how changes are priced — agreed lump sum, unit prices, or cost-plus-a-fee — and any markup caps on overhead and profit for changed work. Confirm that a change can extend the schedule, not just the price, so added scope does not also expose you to delay damages.
Watch for clauses that let the payer order changes but cap or eliminate your markup, or that require you to keep working while a change dispute is unresolved without guaranteeing payment.
Document field directions in writing immediately, follow the contract’s notice-and-claim steps and deadlines, and do not rely on verbal assurances of "we’ll true it up later." If the contract bars payment without a prior written order, treat that as the controlling rule until you have one.
Preserve lien and payment-bond rights for unpaid extras, subject to the applicable notice deadlines.
Surety bond (Cornell LII Wex)Key takeaways
- Most contracts require a signed written change order before changed work is payable.
- Verbally directed work can be non-compensable under a strict written-order clause.
- Confirm change pricing, markup caps, and that changes extend time, not just price.
- Follow notice-and-claim deadlines and document field directions in writing.
- Preserve lien and bond rights for unpaid extras.
Official resources
Legal-review notes
Guide confidence marker: Needs lawyer verification.
- Whether verbally directed or out-of-scope work is recoverable despite a written-order clause is fact- and state-specific.
- Confirm change, notice, and claim requirements with a construction attorney in the project’s state.
- This guide is general information from the BizLeaseCheck Editorial Team, not legal advice.
Frequently asked questions
Do I get paid for work I was told to do verbally?
Not necessarily. If the contract requires a signed written change order before changed work, a strict clause can bar payment for verbally directed extras. Get directions in writing and follow the contract’s claim procedure.
Can a change order extend the schedule?
It should. Confirm the change-order clause allows a time extension for added scope, not just a price adjustment, so extra work does not also expose you to liquidated delay damages.
Is this legal advice?
No. This is general information for issue-spotting. Construction-contract enforceability — pay-if-paid, no-damages-for-delay, indemnity, lien and lien-waiver rules, retainage limits, and prompt-payment rights — varies by state and by whether the project is public or private, so confirm high-stakes points with a construction attorney licensed in the project’s state.