Extra work in construction often starts before the change order is signed. Usually it starts because somebody is comfortable that the owner will pay. Sometimes that comfort is earned. Sometimes it isn’t, and most subs have been burned enough times to know the difference.
I worked the tinner trade for about four years, and I’ve been in construction more than twenty years. Now I manage projects for a general contractor in Salt Lake, and I review subcontractor change orders every week.
This post is written from the GC side. The examples lean toward HVAC because that’s my trade, but it works for any sub who gets asked to go ahead before the paper is done.
Why subs get told to proceed
Usually there’s an understanding that the owner will pay.
One owner I worked for put it into their prime agreement with us that they would pay for a change order that had the right backup. I’m not speaking in legal terms, but it was complete and clear on that point. Subs were hesitant at first. As time went on, they got more comfortable.
Outside that job, most subs have been burned so many times that they won’t proceed without a change order. That’s sad, but it’s the world we work in. Some people aren’t honest, or they find a reason to pin it on somebody else. That isn’t every contractor or every owner. They’re out there, though, and one bad experience breaks trust across the industry.
What counts as in writing for extra work
The change should come from the owner if the owner is going to pay for it. That can be an RFI response, an owner change directive, an ASI, an owner proposal request (PR) or a bulletin. Design changes need confirmation from the architect and the owner.
In the field, here’s what I’ll accept:
- Email. This is what I prefer.
- A text. A screenshot of the text conversation, attached to the change order, is enough.
- A handwritten note. These generally aren’t used, because there’s no time stamp. Or proof of direction.
On any extra work in construction, get a rough order of magnitude (ROM) in writing too. That’s a rough cost, so everybody knows how big this is before you start.
The risk of extra work with nothing in writing
The risk to the sub is that there’s no clear direction, and the owner may change their mind. If they do, you’ve already spent money proceeding, and you’ll want it back.
The risk to me is an argument later.
How to ask for it in writing without making the super mad
Supers are trained to get it in writing. It covers all of us, the super included.
The best version is the super sending the message, so it’s on the GC’s terms. Or he emails the PM, which gives the PM a chance to start the change.
What to say: “I can do it. Can you send me a quick text or email with what we agreed to, so it’s on the record for both of us?” A better version of that is: ” Here is what we discussed onsite, you can get the material by [x] and have this done by [y]. Please send your ROM so we can notify the owner. Let’s get that ROM verified before we proceed.”
When extra work is done and the price is still open
This happens all the time with extra work in construction. The PMs negotiate an agreed price.
T&M tickets come in after the work is done. If a ROM was given, the final cost may come in under it or over it. Over is hard when the GC already gave that ROM to the owner. It’s always negotiable, though.
How you write those tickets matters a lot here. I went through it in time and material tickets.
Should you refuse to proceed?
Most subs refuse if they haven’t worked with you before.
An owner who writes in the language to proceed on direction and work out the cost later is rare. Even then, it can be really frustrating. Sometimes the owner doesn’t agree with the amount on the T&M tickets.
That’s the reason to get a ROM before you start. The owner knows their exposure, and the GC can manage to that number and negotiate the cost toward it if needed. Or the GC goes back to the owner, explains that this is the real cost, and negotiates with them.
What the notice clause usually asks for
In plain words, on my jobs:
- Turn in the T&M ticket within three days.
- Document the hours.
- The super’s signature means he saw the paper. It doesn’t guarantee payment for the change.
Your contract may say something different. Read it. I’m not a lawyer, and this is not legal advice.
Extra work on a side job
With a homeowner, “while you’re here” is usually easy to work out. The pipe is rarely bigger than 6 inches. You can find the register location on a quick walk. The material isn’t much different from what you just bought for the rest of the job.
Take 20 minutes, make some notes, put a price on it and present it. I went through how in how to price a side job.
The hard part is getting the homeowner to say yes in writing. A text that says “yes, go ahead at $[price]” is better than a nod in the hallway.
When extra work goes right
On one project, a scope was agreed to at a price per unit. We were only supposed to do a small area of the floor as a repair. We ended up doing the whole thing.
Every night, the super documented the work, marked the area completed, tracked the crew and hours on the list, and signed it. The sub turned it in every morning.
The process went right. The owner knew what he was getting, because he asked for it.
When extra work goes wrong
A roof leaked. The roofing sub felt it wasn’t his fault. The owner didn’t think it was his fault either. Both sides had some merit. In the end we spent some contingency, backcharged subs for field damage, the roofing sub ate some of it, and the owner paid for some of it.
Here’s a mechanical one. The access doors were located on the architectural drawings. The HVAC sub was asked to provide them and declined. The framing sub was asked and agreed. The doors went in per the drawings, and they didn’t line up with the equipment and devices in the ceiling.
The owner felt it should have been coordinated in the field. The framer felt he did the right thing by following the plans. The mechanical sub ended up in the middle, adjusting things to make them accessible. Nobody really won that one. The panels got realigned, the equipment got adjusted, the owner paid for some of it, and some came out of contingency.
Common questions
Should a sub do extra work without a change order?
Most won’t unless they’ve worked with that GC before. If you do, get the direction in writing, by email or a text you can screenshot, and a rough cost before you start.
Is a text message enough to proceed on extra work?
On my jobs, a screenshot of the text conversation attached to the change order is enough. Email is better. Handwritten notes don’t help much, because they have no time stamp or owner.
What is a ROM in construction?
A rough order of magnitude. On extra work in construction, it’s a rough cost given before the work starts, so the owner and the GC know their exposure.
What happens if the owner changes their mind after I started?
You’ve spent money proceeding, and you’ll want it reimbursed. That’s much easier when the direction to proceed was in writing.
What does a notice clause usually require?
On my jobs, a T&M ticket within three days, with the hours documented. Yours may be different, so read your contract. This is not legal advice.