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to more problems than they theoretically solve. This is an epidemic in today’s construction industry, and it can cause a big fight between subcontractors and general contractors on what needs to be paid out and to whom at the end of the project.
We saw many projects get delayed in the spring as communities began to report increased infections. Contractors had to put a hold on their work and the orders were changed as a result. We should probably expect to see it again this fall. Projects must temporarily shut down when someone on‑site tests positive for COVID-19. When that happens, the project lays dormant and you have delays — delays that can last weeks, if not longer. Contractors incur additional costs that must be addressed. You have to find a way to get those additional costs paid so your own business doesn’t take an unnecessary hit. If you have questions about a recent change order or demand for additional work, or you were not appropriately compensated for work completed, please feel free to get in touch at jwyatt@harrisonlawgroup.com or by calling (410) 842-0145 and we can determine the best course of action.
3. What Can You Do?
Here’s what I typically counsel clients to do who find themselves in circumstances where they are worried about doing unpaid change order work.
First and foremost, document everything.
When clients come to me seeking help with change orders, I prepare a letter detailing the change and claim for additional compensation and the client’s expectations of payment while highlighting the part of the contract that entitles the client to additional compensation. With documentation to back up what that compensation should be, along with the work order, we make a demand for payment. In addition, I work with the client to submit everything in a prompt manner. Submitting late requests for compensation on change orders can be the death knell of even a meritorious claim. I cannot stress how important it is to get everything submitted quickly and efficiently. The project does not stop for this kind of paperwork.
This is getting even more important in the context of COVID-19.
-Jeremy Wyatt
jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
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