Legal Question in Construction Law in Ohio

Re: construction contract dispute

Dear Contractor: Additional work requested, often called "Extra Work" in the industry, should be quoted, fully itemized as to price, additional time, etc., approved, IN WRITING, and signed by both parties, in order to avoid future conflict, claims and disagreement.

Project disputes can be avoided by carefully documented memoranda, or "Change Orders", particularly where serious questions of money and time are involved!

�Extras� may often be (humorously) defined as: �any work, materials, or methods, whether necessary, desired, required, requested, performed or supplied, and not included, defined, or even implied anywhere in the contract documents.� These items are generally invoiced as �Additional Work� or �Verbal Order�, or �Field Necessity�. The only truly important question is, who pays for it? Clearly, the person or entity authorizing or requiring extra work must pay for it. And the price for any wextra should be reasonable, and consistent with the range of prior prices and unit ccost quotations.

Successful construction business practice and relationships require three important operating principles: (1) All contracts, subcontracts and supply agreements must be negotiated carefully and drafted skillfully to confirm all of the terms of agreement between the parties. (2) The GC�s role as a project coordinator must be that of a skilled, experienced, diplomatic, master-builder-facilitator, and (3) All of the parties to the construction contract and process must be willing to meet and to resolve all disputes immediately, fairly, and without defamation of any party, or delaying or jeopardizing timely, proper completion of the project.

Consuilt an experienced construction Attorney for further guidance in the future.

Good luck!

Sincerely, J. Norman Stark, Cleveland.