Contracts & ExecutionQuestion 530 of 1632

A homeowner verbally asks the contractor to upgrade tile during a bathroom remodel. The contractor proceeds without a written change order. Under B&P §7159, the contractor's ability to collect the extra $3,200 is:

a.At risk: an unsigned change order is unenforceable
b.Secure, because the daily log proves what was agreed
c.Secure, because verbal changes are valid up to $5,000
d.At risk only if the homeowner files a CSLB complaint

Explanation

B&P §7159(c)(5) makes a change-order form part of the contract only if it is in writing and signed by the parties before the work covered by it starts, and the opening words of §7159(d) say the same of the contract and any changes to it — so an unsigned verbal upgrade leaves the extra at risk. A daily log is the contractor's own record, not the owner's signature. No dollar figure turns a verbal change order into an enforceable one; there is no $5,000 line in §7159. And the risk is not the complaint: the money is at risk in a collection action whether or not the homeowner ever contacts the CSLB.

Law Reference: B&P Code §7159(c)(5); §7159(d)

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