Changes in the scope, timing, and plans and specifications of a construction project are the most frequent types of disputes between subcontractors, contractors, and owners. As we have counseled you in the past, changes occurring throughout the performance of a project must be agreed to in writing so there is no misunderstanding as to who requested and authorized a specific change. While the most common change order usually involves change in the scope or design of a project, there are other site conditions and changes that impact your work and its costs that should be documented as change orders. Common events that call for the need of contract adjustments via change orders are discussed below.
If a contractor bids a project with a particular approved product in mind, and the general contractor/owner later insists that a different product be used, you are justified in requiring that a change order be made to compensate you for the increase of material costs as directed by your general contractor or property owner. If you intend to submit a proposal using a product different but "equal" to the specified product, be sure to indicate in your proposal an explanation of how the similar product meets or exceeds all of the function, performance and quality criteria of the specified product.