The scope changed. You did the extra work. Now the GC or owner refuses to pay because “you didn’t get a signed change order.” Sound familiar?
You’re not alone. This is one of the most common—and frustrating—issues contractors and subcontractors face on Florida jobsites.
Let’s answer the big question:
Can You Get Paid Without a Signed Change Order in Florida?
Short answer: Sometimes. Florida law gives you a few ways to recover payment, even without a signed change order. But success depends on your contract, the facts, and the proof you can present.
Understanding Florida Change Order Law
A change order is a formal amendment to a construction contract. It usually adds scope, time, or cost. Most contracts require that change orders be in writing and signed by both parties.
But construction is fast-paced. Verbal go-aheads, field directives, or even text messages often replace formal paperwork. So what happens if you do the work but don’t get the signature?
What the Law Says: Written Change Order Clauses Are Enforceable
If your contract says, “No changes unless in writing and signed,” Florida courts often enforce that provision strictly.
Case Law Examples:
- Everett Painting Co. v. Padula & Wadsworth, 856 So. 2d 1059 (Fla. 4th DCA 2003): The contractor couldn't collect payment for extras because there were no signed change orders.
- Vision Constr. v. Bertie, 2021 Fla. Cir. LEXIS 10151: The court found that the absence of a signed change order barred recovery.
If your contract has this language, you are starting from behind—but not out.
Enforcing a Change Order Without a Signature in Florida
Despite what the contract says, Florida courts sometimes allow oral modifications, especially when both sides behave like the change was approved.
Supporting Cases:
- Rhodes v. BLP Assocs., 944 So. 2d 527 (Fla. 4th DCA 2006): Recovery allowed based on the parties' conduct.
- Pan Am Eng'g Co. v. Poncho's Constr. Co., 387 So. 2d 1052 (Fla. 5th DCA 1980): Course of dealing overrode the written requirement.
- Phx. Coatings, Inc. v. Ondra Home Bldgs., LLC, 2024 Fla. Cir. LEXIS 691: Oral approval and mutual assent led to payment.
In these cases, actions and evidence mattered more than paperwork.
Legal Theories That May Help You Get Paid
1. Course of Conduct
If the GC or owner regularly allowed changes without signed orders, and you have proof of similar behavior, the court may find that a verbal or informal change was accepted. This helps enforce a change order without signature.
2. Unjust Enrichment
If the owner got the benefit of your work and didn’t pay, you might be able to sue under unjust enrichment. You’ll need to prove they knowingly accepted the work and that it would be unfair not to compensate you.
3. Quantum Meruit
Quantum meruit means “as much as is deserved.” Courts may award you the reasonable value of your work even without a valid change order. The key is showing that the work was authorized and provided value.
What You Need to Prove in Florida
To recover payment without a signed change order, your evidence is everything:
- Emails or texts showing approval
- Daily logs or field tickets
- Photos and videos of the work
- Invoices and delivery receipts
- Testimony from supervisors or coworkers
- A history of similar unsigned changes being paid
Tip: The stronger your documentation, the more likely a court will rule in your favor.
What Can Hurt Your Claim
Even if you did the work, you could still lose the claim if:
- Your contract strictly prohibits oral changes
- The owner disputes giving approval
- You have no supporting documentation
- The extra work was clearly outside the project scope
In these cases, your best option may be negotiating a partial settlement or using the threat of a lien to leverage payment.
Can You File a Lien for Extra Work Without a Signed Change Order?
Yes. Florida construction lien law allows you to file a lien for extra work without a signed change order if:
- The work improved the property
- You complied with lien requirements (e.g., Notice to Owner)
- You filed within the 90-day deadline
Courts may still enforce your lien if you can show that the work was requested, accepted, or benefited the property.
Sample Contract Clause to Protect Yourself
Include language like this in all your contracts:
Field-Authorized Change Clause: “Due to the nature of construction projects, some changes may be authorized verbally or via field directive. Such changes shall be valid and compensable if performed in good faith and accepted by the Owner.”
This helps prevent future disputes about whether field-directed work is payable.
Avoiding Change Order Disputes in Florida
To avoid unpaid change orders in the future:
- Use simple change order forms or mobile apps
- Confirm approvals via text or email when needed
- Train your crew to document extra work daily
- Include a field-authorization clause in every contract
- Track extras with field tickets, job logs, or photos
These steps make it easier to get paid even if a signature is missing.
FAQ: Florida Change Order Enforcement
Can I be paid if I don’t have a signed change order?
Yes, in some cases. Courts may allow payment if the owner authorized or benefited from the work.
Does my contract override verbal approvals?
It can. But Florida courts may look past that if both parties acted as though the change was accepted.
Can I lien without a signed change order?
Yes, if you meet the other legal requirements and the work improved the property.
What if the owner denies everything?
Then you need strong documentation or witness testimony to have a chance at recovery.
How do I enforce a change order without a signature?
Use the legal principles of course of conduct, unjust enrichment, and quantum meruit—and bring receipts.
How do I enforce a change order without a signature?
Use the legal principles of course of conduct, unjust enrichment, and quantum meruit—and bring receipts.
Final Takeaway
You can get paid without a signed change order in Florida—but it’s risky. Your best defense is good documentation, smart contract clauses, and knowing how Florida change order law works.
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Because lien laws are complex and fact-specific, you should consult a qualified Florida attorney for advice regarding your particular situation.
