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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Signed contract to have home renovated year 04/2015 to

Customer Question

Signed contract to have home renovated for one year 04/2015 to 04/2016. On 12/2015 Renovation company need more time signed change order to increase completion date to 06/2016. On 05/2016 received change order to change completion date to 12/2016 not should if I should sign
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I reviewed your "already tried" information and noted that your contract price has already doubled, but now the contractor is asking for another 6 months to complete the project. I assume that there must have been some changes in scope of the project that would justify the increased costs, but I worry that you may be being taken advantage of by a contractor.

Change orders can be legitimate (it is difficult to plan out construction - particularly renovations when you are dealing with preexisting work and unknowns - perfectly), but the contractor should still be holding to the contract and existing change orders "in good faith."

Given the dollar amounts you are dealing with, I would recommend consulting with a local construction law attorney to go over your contract and see if you have grounds to pursue claims against the contractor, or at a minimum negotiate for a faster completion time (I would be surprised that after a 1 month request they could not complete the work any faster than 6 months out).

To give you an idea of some of the factors that go into change orders, here is a very comprehensive review of change orders (I understand this may be at a high level of detail, but it gives you very specific legal authorities, so if you review it and find that the contractor is violating the law, you can point out the specific legal authority (case law or statute) that they are in violation of)

http://kamineconstructionlaw.com/publications-and-articles/everything-you-ever-wanted-to-know-about-extra-work-and-the-changes-clause/

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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