While probably not the best idea, a recent court decision found that verbal direction to perform extra work can be sufficient to claim and receive payment later on. A recent court ruling found that an owner or GC that verbally directs a contractor to perform extra work that is carried out and completed owes payment when requested by the contractor that did the work.
“Oral directions to perform extra work, or the general course of conduct between the parties” may “modify or eliminate contract provisions that require written authorization.”
Evidence that verbal direction was given could be if the owner or GC observes the contractor performing extra work but does not stop it. If the work is not in compliance or alignment with the contractual scope but is not stopped by the owner or GC, they are endorsing and accepting via their lack of direction to stop the work.
If you want to learn more about how oral direction could help, or hurt, you, check out this article or talk with a good construction attorney.
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