Change Orders on Public Works Projects Must Be In Writing

In P&D Consultants, Inc. v. City of Carlsbad, a December, 2010, an unpublished (can’t be cited as authority) Court of Appeal decision involving a breach of contract action pertaining to a redesign of defendant-city’s municipal golf course, The Court of Appeal reversed a trial court’s decision awarding $109,093.81 to P&D for extra work because there was no written change order in violation of provisions of the contract and public contract law (Gov. Code, § 40602). The Court of Appeal ruled that in public projects, unlike private contracts, written change orders may only be in writing may not be modified orally or through the parties’ conduct. The Court disallowed the contractor’s evidence pertaining to the oral authorizations of a city employee for extra work and held that “failure to comply with requirement of a written change order precludes contractor from recovering for the additional work, whether on express contract, implied contract, or quantum meruit theory.” (emphasis added)

Please contact me if you have any questions about this or any other construction issue.

Robert