Chicago Change Order Disputes Attorney

Types of Change Orders on Illinois Construction Projects

A change order is a written modification to the construction contract that adjusts the scope of work, the contract price, the project timeline, or some combination of the three. Not all changes follow the formal change order process, and the type of change involved often determines how the dispute is resolved.

Formal Change Orders: A written agreement signed by the owner, contractor, and (where applicable) the architect documenting the modification, the price adjustment, and any extension of the project schedule. This is the preferred method because all parties have agreed to the terms in writing before the work proceeds.

Constructive Changes: A directive from the owner or its representative that changes the contractor's planned approach, sequence of work, or performance requirements without a formal change order being issued. If the directive increases the contractor's cost or extends the schedule, the contractor may have a claim for additional compensation even without a signed document. Constructive change claims require careful documentation of the directive, the impact on performance, and the added cost.

Cardinal Changes: A change so fundamentally different from the original scope of the contract that it cannot be enforced as a modification. Under Illinois law, a change that alters the nature, magnitude, or character of the project beyond what the parties originally contemplated may constitute a cardinal change. When this occurs, the contractor may have grounds to refuse performance or pursue a breach of contract claim.

Minor Changes: Small adjustments to the work that do not affect the contract price or timeline. While these are typically handled informally, disputes can arise when the owner characterizes a change as minor while the contractor views it as additional or extra work that warrants compensation.

Extra Work vs. Additional Work

One of the most common change order disputes involves whether work performed by the contractor qualifies as "extra" or "additional." The distinction matters because it determines whether the contractor is entitled to more money.

Extra work falls outside the original scope of the contract. When a contractor performs extra work at the owner's direction, the contractor is generally entitled to additional compensation and potentially a time extension. Under Illinois law, a contractor pursuing an extra work claim must show that the work was outside the contract scope, was directed by the owner, was not performed voluntarily, and was not made necessary by the contractor's own fault.

Additional work, by contrast, falls within the original scope but may involve tasks that were not fully detailed in the plans or specifications. Additional work generally does not entitle the contractor to more money, although it may justify an extension of the project schedule.

Change order disputes frequently center on this distinction, with owners arguing that disputed work was always contemplated by the contract and contractors arguing that the work goes beyond what they agreed to perform at the original price.

Written Change Order Requirements

Most construction contracts require all changes to be documented in a written change order signed by the owner. This requirement exists to prevent disputes over whether a change was authorized and what terms were agreed upon.

Change order dispute litigation often turns on contemporaneous documentation and how the parties actually performed the work. In practice, changes often happen informally. An owner or architect directs the contractor to proceed differently, and the paperwork either follows late or never materializes. Illinois courts have recognized that an owner can waive the written change order requirement through conduct, such as directing additional work, accepting the benefit of the work, or failing to enforce the writing requirement when aware that extra work was being performed.

Even where courts may excuse the absence of a written change order, contractors should always document directives in writing as they occur. A contemporaneous email or letter confirming the owner's instruction and noting that the work falls outside the original scope is far more persuasive than a claim reconstructed after the fact.

How We Help

Change order disputes can involve complex questions about contract interpretation, scope, pricing, and documentation. We handle these disputes from evaluation through resolution:

For contractors and subcontractors pursuing change order claims:

• Evaluate whether disputed work qualifies as extra work under the contract
• Document constructive changes and quantify additional costs
• Pursue compensation for work performed at the owner's direction
• Negotiate fair pricing adjustments and time extensions

For owners and developers defending change order claims or managing project changes:

• Assess whether the claimed work falls within the original contract scope
• Review change order pricing for reasonableness and accuracy
• Enforce written change order requirements where applicable
• Draft and negotiate change order provisions to minimize future disputes