Legal Question in Construction Law in California

Construction constract

Once your contract is signed can items be taken out without signed change orders if the contractor has not agreed to it?

Asked on 4/06/09, 10:47 am

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Construction constract

First and foremost, the terms of your contract are most crucial to determine what you can and cannot do. Without a review of your contract, no one can give you specific advice for your situation.

When you say 'items,' I assume you mean items of work specified in the contract. Generally, you can reduce the scope of work once the contract has been signed. HOWEVER, the contractor is technically still entitled to the price of that item less the cost avoided. Put another way, you can reduce the scope of work in the contract, but the contractor is still entitled to his profit on that item. If he has begun work on this item which you wish to remove, he is also entitled to the costs he has expended on it thus far. You will likely have to come to a mutual understanding with the contractor.

Best of Luck.

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Answered on 4/06/09, 11:51 am

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