Changes to your Scope of Services on the Construction Project (law note)
Our office is in the middle of a large renovation. It’s been several months of drilling, sawing, painting, carpeting– you name it. I’m proud to say that we have had not one change to the scope of work during that time. <insert maniacal laughter here>. Okay, that’s simply not true. Change–like death, taxes, and bodily functions–happens.
In the same way that incoming wave will soon destroy that sand-written “change” sign in the picture that accompanies this post, change will happen in all parts of a construction project.
As the architect or engineer of record, you undoubtedly have a thoughtful, well-written contract or proposal. Ideally, your contract states exactly what is, and is not, included. But inevitably, something will slip through the cracks. A likely scenario: the owner asks for “just a small change over here,” “one more quick site visit” over there, and hey, what’s a few extra months of contract administration among friends, right?
Whenever you experience such “scope creep”, document it. Ask how compensation will be handled up front. Even a quick email to the owner, stating that you’d be happy to make that extra site visit and will invoice per the contract, will make the owner aware that you expect compensation. Have the discussion before the work is done. When they are likely to say “great- how soon can you do it?”. Or, if they don’t expect to pay you for your extra services, they’ll tell you that. Either way, you’ll know what the expectations are for payment. And, should you not get the payment later on, you have a nice piece of written evidence to show a judge or jury.
Your turn. Have you experienced “scope creep” on a project? How did you handle it? Comment below, or drop me a line. New readers: Check out the white paper on 7 Critical Mistakes that Design Professionals Make, available for free download on the right hand side of the page.