Texas Statutes Provide Leverage In Unsigned Change Order Work

This article was written for the Texas Contractor and first appeared here.

It is a common occurrence for a contractor or subcontractor to encounter a situation where they are ordered to perform extra work without a signed change order. There may be the promise of a change order to come, or simply a unilateral change directive. This may or may not cite contract provisions, but almost every contract we see includes a provision allowing the owner to issue unilateral work directives. These provisions are intended to keep the work moving despite changes. However, this growth in scope places the contractor or subcontractor in a difficult position when a properly executed change order is not provided.