What Are Change Orders and How Are They Handled in Missouri?

Jan 28 2025      On Behalf of  David M. Duree & Associates, P.C.      Construction Law

There are certain times during an ongoing construction project when clients and contractors may need to change the original terms of the project. Rather than negotiating a new agreement, these parties can rely on change orders to alter the scope of the construction project.

Understanding Change Orders

In construction contracts, parties may agree to “change orders,” which modify specific provisions of the parties’ original contract, such as the scope of work the contractor will perform, the timeline for completing milestones, or the cost of materials and labor. For example, a client may request a change order to add new features for a contractor to install. The client or the contractor may swap out materials due to changes in design preferences or the unavailability of originally chosen materials. Change orders help avoid misunderstandings or disputes down the road when parties agree to alter the terms of their existing agreement.

Missouri’s Legal Framework for Change Orders

In Missouri, an enforceable change order should have written consent from all the parties to the original contract. Ideally, parties should put the terms of their change order in writing rather than relying on verbal agreements, which may prove more challenging to enforce in court.

How to Handle Change Orders

Best practices for clients and contractors when negotiating change orders include:

  • Proactive communication: Parties should speak promptly and openly about the potential need for change orders so they have time to negotiate an agreeable scope of the change.
  • Proper review: Parties should carefully review proposed change orders to ensure they reflect the negotiated alterations and promptly sign the correct version to avoid project delays.
  • Careful documentation: Finally, parties should keep thorough records of all agreed-upon change orders in case one party later raises a dispute over the correct scope of work for the project.

Contact a Construction Attorney Today

Do you need a change order or a client presents you with a change order? If so, talk to an experienced construction attorney about your rights and options. Contact David M. Duree & Associates, P.C. today for an initial consultation with our legal team to learn more about handling change orders in Missouri.