During a commercial roofing project, changes are common. A property owner may request additional repairs, a contractor may discover hidden damage, or building requirements may require modifications to the original scope of work.
These changes are typically handled through a change order. A change order documents modifications to the original roofing contract, including additional work, costs, and schedule changes.
A common question among Florida property owners and roofing contractors is:
Are verbal change orders enforceable in Florida?
The answer depends on the circumstances, the original contract language, and the evidence available. However, relying only on verbal agreements creates significant risks because disagreements often arise when the parties remember conversations differently.
What Is a Change Order?
A change order is a written modification to an existing roofing contract.
It may address:
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Additional roofing repairs
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Material changes
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Increased labor costs
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Code-required upgrades
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Schedule extensions
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Unexpected site conditions
For example, a roofing contractor may discover damaged decking after removing an existing roof system. A written change order can document the additional replacement work and updated project cost.
Why Written Change Orders Are Preferred
Written change orders protect both the property owner and contractor by creating a clear record of:
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What changed
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Why the change was needed
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How much it costs
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Who approved the additional work
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Whether the completion date changes
Without written documentation, disputes can occur over whether additional work was authorized or whether payment is owed.
Can a Verbal Change Order Be Enforced?
A verbal change order may sometimes be considered enforceable if the parties can prove that:
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The additional work was requested or approved
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Both parties understood the agreement
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The contractor performed the work
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The owner accepted the benefit of the work
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Evidence supports the agreement
Evidence may include:
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Emails
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Text messages
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Photos
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Invoices
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Payment records
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Witness statements
However, enforcement can become difficult when there is no written record.
Why Verbal Change Orders Create Problems
Verbal agreements often lead to disputes because the parties may disagree about:
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The price of additional work
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The exact scope of repairs
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Who authorized the change
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Whether the work was included in the original contract
For example, a property owner may believe a repair was included in the original roofing agreement, while the contractor may consider it additional work requiring extra payment.
Roofing Contracts Often Require Written Approval
Many roofing contracts include specific procedures requiring written approval before additional work begins.
These provisions may state:
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Only authorized individuals can approve changes
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Change orders must be signed
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Additional work requires written pricing approval
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Verbal instructions are not sufficient
If the contract requires written change orders, failing to follow that procedure may create payment disputes.
Best Practices for Commercial Property Owners
Property owners should:
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Request written change orders before approving extra work
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Review added costs carefully
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Confirm schedule changes
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Keep copies of all approvals
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Avoid relying only on phone conversations
A simple written agreement can prevent significant disputes later.
Best Practices for Roofing Contractors
Roofing contractors should:
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Document all requested changes
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Obtain written approval before performing additional work
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Explain cost impacts clearly
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Maintain project records
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Confirm instructions from authorized representatives
Good documentation protects the contractor’s right to payment.
Frequently Asked Question
Are verbal change orders enforceable in Florida roofing contracts?
Verbal change orders may sometimes be enforceable in Florida if the parties can prove that additional work was requested, approved, and performed. However, verbal agreements create significant risks because disputes may arise over pricing, scope, and authorization. Most roofing contracts require written change orders to clearly document additional work and protect both the property owner and contractor.
For commercial roofing projects, using written change orders is the safest approach to avoid payment disputes and ensure everyone understands project expectations.
Related Questions
- What is the difference between a time-and-materials and lump-sum change order?
- What documentation should accompany every change order request?
- What must a Florida roofing contract include by statute?
- How should contract disputes be escalated during a project?
- How do you price unforeseen deck replacement fairly?
- What is the difference between a conditional and unconditional lien waiver?
Commercial Roof Coatings & Restoration
