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Old 11-25-2009, 08:47 PM   #16
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Discussion on Contractor Estimates/Contracts


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If the customer does not accept the proposed repair cost then a change order would need to be issued reflecting time added to the completion date of the project while the customer found another party to complete the repair.
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and that is a load of crap. Unless what you want to call a change order is an addendum, it cannot alter the time of completion or anything else.
Careful on the absolute declarations. It pays to research beforehand.

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Old 11-25-2009, 08:49 PM   #17
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Discussion on Contractor Estimates/Contracts


[QUOTE=Willie T;357900]
Quote:
If the customer does not accept the proposed repair cost then a change order would need to be issued reflecting time added to the completion date of the project while the customer found another party to complete the repair. [/quote


Careful on the absolute declarations. It pays to research beforehand.
care to expand?

I would be more than willing to listen to somebody that understands the discussion.
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Old 11-25-2009, 08:54 PM   #18
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Yes, usually an addendum occurs after the signing of the contract, but prior to construction... but not always.

A Change Order, on the other hand is issued (and usually has to be mutually agreed upon, but again... not always) after substantial work has begun.

A Change Order very often changes contract time and completion time. And it becomes part of the contract documents.
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Old 11-25-2009, 09:07 PM   #19
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Originally Posted by Willie T View Post
Yes, usually an addendum occurs after the signing of the contract, but prior to construction... but not always.

A Change Order, on the other hand is issued (and usually has to be mutually agreed upon, but again... not always) after substantial work has begun.

A Change Order very often changes contract time and completion time. And it becomes part of the contract documents.
an addendum, by definition and concerning contract law, is an addition to a contract already signed. It does not matter when the addition is incorporated, it is simply an addendum. A change order has no legal definition in contract law.

So, if you would care to define, in your terms, what a change order is and I will address it in terms of the legal application of the enforceability of the order. Part of the other guys problem is he did not want to settle on what a change order is.

I will say this though:

a change order that is not signed by all parties to the contract it affects has no legal weight. It cannot control any actions. It is simply a unilateral clarification or demand concerning some situation. In other words, it is a sticky note you send to the other party.
So yes, if you want that change order to mean anything, it MUST be agreed to (signed) by all parties involved.

edit: you cannot unilaterally alter a contract so absolutely (yes, this is an absolute) for it to be incorporated into the contract, it must be agreed to by all involved parties.

Last edited by nap; 11-25-2009 at 09:10 PM.
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Old 11-25-2009, 10:47 PM   #20
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This is a discussion that should be handled in PM's between disagreeing members, and not something that should be aired out in public on this DIY site. It is a continuation of a disagreement on another thread. It has nothing to do with DIY work and calling each other out is not acceptable here. Handle it privately.

This thread is being closed. That's not up for discussion.

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