Legal Question in Construction Law in Florida

Do you need a seperate PO number for a change order or, does the original po# co

Poured 2 slabs at different sites for cell towers. Received 2 PO#'s each worth 9000. On second site additional work was verbally agreed upon for $3600. I was told ''the quote was right on the money'' and to proceed. Work completed, I invoiced for each site. 9000 on one, 12600 on the other. Co. wanted it on seperate invoices so, I obliged and sent one for 9 and a 2nd for 3600(they called it a change order). Now the company is refusing to pay the ''right on the money'' 3600 ''change order'' and will only agree to pay 1800. Is the change order covered under the original PO#(9000) or, should I have insisted that a seperate PO# have been issued or what. What is proper procedure when a change order occurs such as this. I want to know how to handle change orders in the future and, am I out my money on this one or should I challenge them on this.


Asked on 8/20/05, 1:46 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Do you need a seperate PO number for a change order or, does the original po

There is nothing wrong with an oral contract. Oral contracts are perfectly enforceable for service contracts. However, they are always much more difficult to prove since the terms of the contract must be placed before the court by testimony rather than simply looking at a written contract.

In the future, have your change orders signed, and agreed to, prior to performing the work. This way, you will not get into any disagreements as to price or scope of the work. You may also consider placing a Construction Lien on the project, but before you do so, I recommend you consult a local lawyer to determine if you even have lien rights. Best of luck.

Randall Gilbert

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Answered on 8/20/05, 9:28 pm


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