Legal Question in Construction Law in California

Change orders are a matter of contract - like everything else. Neither can compel the other unless both agree to it. It would be unusual, of course, if the contractor would not agree to a written change order requested by a homeowner as long as the homeowner is willing to pay the price. This law gives protection to the contractor saying that he does not have to do the change if the homeowner is not willing to sign on the dotted line. At the same time, a contractor is not supposed to do a change unless there is a written change order. Still, courts will not punish a contractor if they don't get it in writing stating that the owner waived the requirement by requesting and accepting the work. Many, many lawsuits center around unwritten change orders. This particular law is trying to assure that there is always a writing whenever a change is requested by either the homeowner or the contractor. Written change orders substantially decrease the possibility of a misunderstanding.