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During Construction

When should you refuse a change order?

Change orders are normal. Change orders you find out about after the work is done are not, and the difference is entirely about when the paperwork happens.

Elusive Construction · CA General B #1112902 · Updated 2026-08-10

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Short answer

Sign a change order when it is written, priced and agreed before the work happens. Refuse it when it arrives after the fact, when it has no price attached, or when it covers something that was in the original scope and is now being sold to you a second time.

The rule that prevents almost every dispute

Nothing changes on a handshake. Every scope change gets written, priced and signed before it is built. This sounds bureaucratic on a Tuesday morning when everyone is being reasonable. It is the single thing that stops a project ending in an argument about what somebody remembers agreeing to.

It protects you more than it protects us. A verbal change is unpriced by definition, which means the number arrives with the final invoice, when you have no leverage left and no way to say the price is too high.

Allowances are not change orders — know which one you're looking at

An allowance is a placeholder for work nobody can honestly price until something is opened up or selected. It belongs in the contract from the start, and it should be billed at actual cost, with whatever isn't spent coming off your final invoice.

A change order is a change to the agreed scope. Different thing, different paperwork.

The tell on a low bid

A bid that is lower because its allowances are thinner is not a lower bid. It is the same job with the unknowns moved onto you, and you find out at the point where you can least do anything about it.

Three questions before you sign

  1. Is this actually outside the original scope?

    Read the contract language, not the conversation. If it was in the scope, it is not a change order — it is the job.

  2. What is the price, and what is the schedule impact?

    Both, in writing, before work starts. A change order with a cost but no timeline impact is half an answer, and schedule is often the more expensive half.

  3. Why wasn't this known earlier?

    Sometimes the honest answer is genuinely "we opened the wall and found it" — that is real and it happens on older homes constantly. Sometimes the answer is that nobody looked. You are entitled to know which one it is.

When the answer should be no

Change orders worth refusing
The situationWhy it's a no
The work is already done and you're seeing the paper nowYou had no opportunity to decline. That is not a change order, it's an invoice for a decision you were never offered
No price is attached — "we'll figure it out at the end"The end is precisely when you have no leverage. Price it now or don't do it
It covers something clearly inside the original scopeYou are being charged twice for the same work
It's verbal and someone is asking you to trust the number laterNothing changes on a handshake. Ask for it in writing and see whether the request survives
Discovery that a competent walkthrough should have caughtGenuine hidden conditions are real. A visible problem nobody bothered to look at is a different conversation

What good looks like

You should be able to see your project daily — photos, schedule and selections — without asking anyone. When a change is needed, it should reach you as a written document with a price and a schedule impact, before the work happens, with enough context to actually make the decision. That is the standard we hold ourselves to, and it is a fair thing to expect from any builder you hire.

Common questions

What is a change order in construction?
A written change to the agreed scope of work, with the cost and schedule impact stated, signed by both parties before the work is performed.
Can a contractor charge me for work I didn't approve?
Not legitimately. Scope changes should be written, priced and agreed before the work happens. A change order presented after the fact gave you no opportunity to decline.
What is an allowance, and how is it billed?
A placeholder in the contract for work that can't be honestly priced until something is opened up or selected. It should be billed at actual cost, with any unspent balance credited back on the final invoice.
Is a verbal change order enforceable?
It is a dispute waiting to happen. Get the scope, the price and the schedule impact in writing before the work starts — that protects you more than it protects the builder.

Where to go next

Written by the team at Elusive Construction, a licensed California general contractor (B #1112902) building in Santa Clara and San Mateo counties. General information about how residential construction works — not legal advice. For your specific contract, talk to an attorney.

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