Section 8.8 Written Change Order Requirements

• Library: Construction Law 2016 Supp

G. (§8.8) Written Change Order Requirements

The general rule is that, in the absence of a waiver or modification of the construction contract, the procedures for obtaining a written change order must be followed for a contractor to recover additional compensation. The most cited Missouri case on this issue is Herbert & Brooner Construction Co. v. Golden, 499 S.W.2d 541 (Mo. App. W.D. 1973). The trial court denied the contractor’s claim for additional compensation, and the court of appeals affirmed, holding that the terms of the contract barred the contractor’s claim for additional compensation because it failed to obtain a written change order as required by the contract. But in Herbert & Brooner, the...