Construction One-Minute Read: Proving Change Orders In Illinois

The basic requirements for proving a change order are firmly established under Illinois law. To obtain relief for a disputed change order, a contractor must show five things:

• the extra work was outside the scope of the claimant’s original contractual promises;
• the owner or upstream party requested the extra work;
• the owner or upstream party, by word or conduct, agreed to pay for the extra work;
• the contractor did not voluntarily proceed with the extra work; and
• the extras were not made necessary by reason of some default by the contractor.

Many modern construction contracts set out specific standards for what a contractor must do in order to make a successful claim for extra work, including documentation obligations and notice-of-claim deadlines. Especially common is a requirement that a valid change order be in writing and signed by the owner or upstream party prior to the work occurring. However, in practice, schedule pressure often leads to the