Change Orders and Dispute Resolution: How an Architect Can Help
Construction rarely goes exactly according to plan. Here's how to handle changes and disagreements without letting them take over your project.
You've finalized your design, selected your builder, signed the contract, and construction is underway. Everything is going according to plan—until it isn't.
Maybe the builder discovers an unexpected site condition, a specified product is no longer available, or you notice something being installed differently than you expected. Suddenly, you're discussing additional costs, schedule changes, or who's responsible for fixing a problem.
These situations are common in construction, but they don't have to turn into major conflicts. Understanding how change orders work, keeping good records, and knowing when to involve your architect can help you navigate problems before they become expensive disagreements.
What Is a Change Order?
A change order is a written modification to an existing construction contract. It documents an agreed change to the scope of work and typically identifies any adjustments to the contract price or construction schedule.
Change orders can result from homeowner requests, unforeseen site conditions, material availability, or necessary modifications to the original drawings. Some changes are relatively minor, while others affect multiple trades, require revised drawings, or have significant financial consequences.
It's important to distinguish between a change to the contracted work and a clarification of work that was already required. Not every question, correction, or drawing clarification automatically justifies an additional charge. The contract, original scope, and circumstances determine whether a change order is appropriate.
Why Do Change Orders Get Expensive?
Construction involves a carefully coordinated sequence of work. Once materials have been ordered and subcontractors have been scheduled, changing one item can affect several others. Moving a window after framing, for example, may require adjustments to structural framing, exterior finishes, electrical work, and potentially the building permit.
The cost of a change isn't necessarily limited to the materials and labor directly involved. Depending on the contract, it may also include subcontractor charges, contractor overhead and profit, additional professional services, and schedule impacts.
This is one reason I strongly encourage homeowners to finalize their design and product selections before construction begins. It's generally much easier to move a window on paper than after someone has already built the wall around it.
How Should You Review a Proposed Change Order?
Before approving a change, make sure you understand exactly what's being proposed and why. Ask for a written description of the work, an itemized explanation of additional costs or credits, and any anticipated schedule impacts. If the change involves replacing a specified product, request enough information to evaluate the proposed alternative.
Compare the proposal against your construction drawings, specifications, and original contract. Is this genuinely additional work, or was it already included? Does the change affect other building systems? Are there alternatives that accomplish the same goal with less disruption?
Avoid relying on verbal agreements, even when you have a good relationship with your builder. Changes should be documented and approved according to the procedures established in your contract, preferably before the affected work proceeds. A quick conversation on site is useful, but it shouldn't be the only record of a decision that adds thousands of dollars to your project.
How Can an Architect Help with Change Orders?
Your architect can be a valuable resource when a proposed change affects the design or raises questions about the original construction documents. They can review the drawings, evaluate the technical implications of a proposed modification, and help determine whether the change is consistent with the intended design.
For example, if your builder proposes substituting a window, your architect can help evaluate whether the replacement meets the intended dimensions, performance requirements, and appearance. If a structural condition requires a modification, your architect can coordinate with the structural engineer to develop an appropriate solution.
An architect may also review the scope of a proposed change and help identify whether it represents additional work or clarification of an existing requirement. However, architects don't automatically have authority to approve costs or contractual changes on the owner's behalf. Their role depends on the services and responsibilities established in the project agreements.
What Happens When You Disagree with Your Builder?
Disagreements can arise over workmanship, project delays, unexpected costs, or differing interpretations of the construction documents. Sometimes the issue is straightforward: a product doesn't match the specifications or a dimension was misunderstood. Other times, responsibility is less clear.
Start by identifying the specific issue and reviewing the relevant documents. Gather photographs, correspondence, drawings, and any previous approvals that relate to the concern. Then discuss the issue directly with your builder, focusing on the documented requirements and possible solutions rather than immediately assigning blame.
Whenever possible, document the discussion and any agreed resolution in writing. If the issue remains unresolved, review the dispute-resolution procedures in your construction contract before taking further action. Depending on the agreement, these may involve formal notice requirements, mediation, arbitration, litigation, or another process.
Can an Architect Help Resolve a Construction Dispute?
An architect can often help clarify technical disagreements by interpreting the drawings, reviewing specified materials, or observing the disputed work. Their familiarity with the design and construction documents can provide useful context when the homeowner and builder have different understandings of what was required.
In some construction contracts, the architect is formally designated to review certain claims or make initial decisions regarding disputes. However, this authority is not automatic, and an architect serving in that capacity must follow the responsibilities and procedures established by the contract.
If the disagreement involves significant financial claims, contractual rights, or potential legal action, a qualified construction attorney may be necessary. An architect can provide technical guidance, but that doesn't make them a substitute for legal counsel or an independent dispute-resolution professional.
How Can You Prevent Problems Before They Start?
The best approach to change orders and disputes begins well before construction. Complete your design decisions as thoroughly as practical, review the construction documents carefully, and make sure your builder understands the intended scope before signing the contract.
Establish clear procedures for communication, documenting changes, approving additional costs, and resolving disagreements. If your architect will remain involved during construction, define their responsibilities early so everyone understands when and how to request their assistance.
And perhaps most importantly, maintain a collaborative relationship with your builder. Construction is complicated, and unexpected conditions don't necessarily mean someone has made a mistake. The goal is to identify problems, understand their consequences, and find appropriate solutions without turning every disagreement into a battle.
Final Thoughts
Change orders are a normal part of construction, but they shouldn't become your primary method of making design decisions. The more thoroughly your project is planned before breaking ground, the fewer avoidable changes you're likely to encounter.
When unexpected issues do arise, clear documentation and communication are your best tools. Your architect can help interpret the drawings, evaluate proposed solutions, and provide professional guidance when technical questions become difficult to navigate.
You don't need to become a construction expert to advocate for your project. You just need to understand what you're agreeing to, know which questions to ask, and recognize when it's time to bring in someone with the right expertise.