Section 8.9 Oral Waiver of Written Change Order Requirements

LibraryConstruction Law 2016 Supp

H. (§8.9) Oral Waiver of Written Change Order Requirements

Several Missouri cases deal with circumstances when the written requirements of a construction contract can be avoided. These cases are grounded in fundamental principles of contract law and recognize that oral agreements, course of conduct, and estoppel can operate to waive or modify the written requirements of a contract.

Under Missouri law, parties to a construction contract may orally agree to compensation for extra work and waive any requirement for a written change order. See Winn-Senter Constr. Co. v. Katie Franks, Inc., 816 S.W.2d 943 (Mo. App. W.D. 1991). In Winn-Senter the contractor produced evidence at trial...

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