Contracts & ExecutionQuestion 649 of 690
A change order on a home improvement contract is enforceable only if it is:
a.Oral, so long as the contractor records it in the daily job log
b.In writing, signed by both the owner and the contractor before the changed work begins, and including a description of the change, the change in the contract price, and any change in the schedule
c.Submitted to CSLB for approval prior to performance
d.Issued by the contractor alone as long as it does not exceed 10% of the original contract
Explanation
Bus. & Prof. Code §7159(c)(7) and §7159.5 require that any change to a home improvement contract — whether in scope, price, or schedule — be in a written change order, signed by both the owner and contractor BEFORE the changed work begins, with a clear description and a stated change in price and schedule. Oral change orders are unenforceable against the owner and a frequent source of CSLB complaints. CSLB does not pre-approve change orders. Unilateral changes by the contractor, even if small, violate §7159 and consumer-protection rules under §7160.
Law Reference: Bus. & Prof. Code §7159Practice all 690 questions free — no signup required.
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