Get Paid. Stay on Schedule. Avoid Disputes.
In Florida construction, change orders are a fact of life. Unexpected conditions, client requests, design tweaks — they all affect time, cost, and scope. But while change is common, payment problems and legal disputes over change orders are even more common — especially when they’re poorly managed.
If you’re a contractor or subcontractor working in Florida, this guide walks you through the smartest ways to handle change orders, protect your bottom line, and reduce legal risk.
What Is a Change Order in Florida Construction?
A change order is a formal amendment to your construction contract. It typically changes:
- The scope of work
- The contract price
- The schedule or completion date
In theory, every change order should be clearly written, priced, and signed before work begins. But in practice, work starts, materials arrive, and crews move forward before paperwork is finalized. That’s when things go wrong.
Why Do Change Orders Lead to Disputes?
Change order disputes are among the top causes of nonpayment and litigation in Florida. Here’s why:
- Verbal or vague approvals
- Work performed without documentation
- Disagreements about scope or pricing
- Delayed or missing approvals
- GCs telling subs to proceed without signatures
- Owners claiming "that was part of the base contract"
The problem often isn’t the change itself — it’s the lack of a paper trail.
Florida Change Order Best Practices for Contractors and Subs
1. Use a Change Order Clause That Matches How You Actually Operate
Your first line of defense is the contract. But don’t just copy and paste boilerplate — the clause should reflect how your project really works.
If you want strict control over changes (often preferred by GCs and owners), include:
- A requirement that all changes be in writing and signed
- A clause stating that oral or field directives are not binding
- Language giving you discretion to approve or reject changes
If you’re a contractor or subcontractor who often relies on field approvals or verbal instructions, include language to protect yourself:
“Due to the nature of construction projects, it may be impractical to obtain a fully signed written change order before commencing extra work. In such cases, changes authorized by email, text, verbal instruction, or conduct indicating approval shall be valid and compensable.”
This won’t guarantee payment, but it provides flexibility and gives you legal leverage when disputes arise.
2. Review the Contract Wording Carefully
Before starting a job, review the change order section. Look for:
- The use of "shall" (typically means mandatory and strictly enforced)
- Language excluding oral modifications
- Clauses giving one party sole discretion to approve or deny changes
- Definitions of what qualifies as "written" (email, field ticket, text?)
If you plan to rely on texts, emails, or verbal authorizations, your contract must reflect that flexibility. Don’t let rigid language like “shall be in writing and signed” become a weapon against you.
3. Use a Standard Change Order Form Every Time
Create or download a one-page form that includes:
- Project name and address
- Description of the change (clear and simple)
- Cost impact (add or credit)
- Time adjustment (days added/subtracted)
- Signatures from all necessary parties
Even a hand-filled form is better than none.
4. Document Verbal Changes Immediately
When verbal approvals happen (and they will), document them ASAP with:
- A confirmation email or text
- Field photos or videos
- Timecards, delivery tickets, or logs
Courts in Florida may recognize these if your documentation is clear and consistent.
5. Submit Change Orders as They Happen
Don’t bundle 10 changes at the end of the project. That’s a red flag to owners.
Instead:
- Submit changes in real time
- Use cost codes or line items to track them
- Request time extensions along with pricing
This builds trust and improves your chances of approval.
6. Subcontractors: Protect Yourself From GC Delay
If a GC says “just do the work,” and you have no signed change order, you’re at risk. Best practices include:
- Requiring written direction before starting
- Sending a written "reservation of rights" notice
- Asking the GC to confirm they’ve submitted the change to the owner
- Tracking all extra work separately
If needed, create your own paper trail to protect your lien rights.
7. Don’t Forget Time Extensions
Many change orders impact schedule, not just cost.
Always document:
- Days added or not
- Revised substantial completion date
- Critical path impacts
Omitting time adjustments can expose you to delay damages.
8. Track Extra Work Separately
Use any method you like — software, spreadsheets, a clipboard — but be consistent. Track:
- Labor tied to the change
- Material deliveries
- Impacts on trade coordination or sequencing
This strengthens your claim and helps resolve disputes quickly.
Pro Tip from the Field
- If the GC or owner frequently approves changes informally, document those past patterns. Florida courts may find that they waived strict compliance.
- If your contract is silent, treat each change as a mini-agreement and document it fully.
- If there's pushback on pricing, break it into labor, material, and markup to avoid blanket rejection.
Summary
In Florida construction, change orders are your right to get paid for work that goes beyond the original deal. The key is consistency: a strong contract, standard forms, timely submissions, and thorough documentation.
Change orders don’t have to be a source of stress. With the right process, they can be a powerful tool to protect your time, your money, and your business.
FAQ: Florida Change Order Tips
Do I have to stop work if the change order isn’t signed?
You should not proceed without written approval unless you’ve protected yourself with a reservation of rights notice and documentation.
Can I be paid for a change authorized by text or email?
Sometimes. Florida law may enforce it if both sides acted on the change and you have supporting records.
What if the owner says it was part of the original contract?
Use your documentation to show it was a distinct change—and get witness statements if needed.
Can I lien for unpaid change orders?
Yes, if you followed Florida Statute Chapter 713 and the work improved the property.
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.
