Harvey T. Dupras
Barrister and Solicitor

home: construction law: Contracts and Changes

ARTICLE IN PROGRESS
Contracts and Changes

 

Contracts and Changes

use a CCDC contract

these are pre-printed and available from the Toronto Construction Association

use drawings

get an architect

use a SPEC BOOK

get an architect and insist s/he produces one, many will not do this for a small job but it can be the critical document, why;

THE CONTENT OF THE SPECIFICATION BOOK SUPERCEDES THE DRAWINGS

Use a Process for Changes

    1. contemplated change order
    2. quote
    3. change order

document on each change the affect to the schedule in addition to the money

Some contractors may try to have the work done on the basis of a verbal change; this is a huge danger sign for the home owner; there is not enough time to go through this process, we need a decision right now; do not bow to phony pressure, but at the same time you must be diligent and timely with issuing a change order; remember:

There will be enough time for a dispute

There will be enough time for lawyer’s and courts

There will be enough time to lien the property

There will be enough time for everything else

For a home renovation these are probably 3 pieces of paper, typically on an issue that has been talked about previously so both owner and contractor have a good idea as to what is involved.

There is time, get it in writing.

This akin to a carpenter telling you there is not enough time to measure and they just cut a piece of wood by looking at it, there will be problems.