Unforseeable Extra Work in Construction Projects

What is Extra Work?

Missouri differentiates between "extra work" and "additional work" construction disputes. As defined by the courts, "extra work" means work of a nature not contemplated by the parties and not controlled by the contract, and "additional work" means work that is necessarily required in performance of the contract, even if unforeseen conditions arise. An example of "additional work" was described in Webb-Boone Paving Co. v. Missouri State Highway Commission, wherein a Missouri court held that because the contract was broad in describing the excavation to be done and didn't describe the subsurface conditions, the Plaintiff contractor was bound under the contract to work through difficult and time consuming soil conditions without additional compensation. The determination of whether compensation is pad for more burdensome work is fact-sensitive. Construction attorney Kevin J. Dolley is experienced in properly drafting construction contract language, reviewing contract language and advocating for contractors and other parties to construction contracts involved in disputes over the scope of the work at issue.

How to Recover for Extra Work

If a contractor is unable to receive payment for extra work, the typical avenue to recover for services expended is under a breach of contract or unjust enrichment theory. Under this theory, the contractor must prove that it provided services and/or materials to the defendant and that the defendant accepted the services and/or materials.

Oral Change Orders on Written Contracts

Missouri Law allows parties to a construction contract to orally agree to provide for compensation for extra work even if there is a requirement in the original contract that all change orders must be in writing. However, there must be evidence that the oral change order was given by a person who was authorized to make such a decision and not by someone who can simply interpret the contract. Of course, it is strongly recommended that all change orders be made in a signed writing.

Missouri Construction and Extra Work Attorney

The Law Offices of Kevin J. Dolley understand that a construction company's bottom line depends on being paid for services expended. If you are concerned about an extra work or change order dispute that has arisen during the course of a construction contract, contact construction lawyer Kevin J. Dolley at 314-450-7883 or toll free at 888-505-0246 or contact us online .