What to do when a customer won't sign a change order

First, find out why

Stop work or keep going?

This decision costs money either way, so start with your contract, not your temper.

• You can usually hold off on extra work nobody approved. It's outside the original scope; doing it without approval risks not being paid for it.
• Walking off the original scope is different. Unless your contract or state law gives you a right to suspend, stopping work you already agreed to can make you the party in breach, however difficult the customer is being.
• When the change blocks the rest of the job, like rotten framing that has to be fixed before new siding goes on, pause only the affected work and tell the customer in writing what you need from them to restart.
• Safety and code problems don't wait. Make the area safe, document it and tell the customer in writing, signed change order or not.

Commercial and public contracts often settle this in advance. Under the federal construction changes clause, the owner can order changes within the general scope of the contract in writing, an informal direction counts as a change if the contractor gives written notice, and the contractor must claim an adjustment within 30 days (FAR 52.243-4); the disputes clause has the contractor keep working while a claim is resolved (FAR 52.233-1). AIA forms have a similar tool, the construction change directive. Home improvement contracts rarely do, which is why the next steps matter.

Document everything, today

• Photos and measurements of the condition, with something in frame for scale, before anything gets covered up.
• A written notice to the customer: what you found, why it's outside the contract, what it costs, how it affects the schedule, and what you're doing meanwhile.
• Every message about the change, texts included. Dated screenshots are fine.
• The unsigned change order itself, with the date you sent it and when they opened it.

Get a written answer, even if it isn't yes

An unsigned change order leaves everyone guessing. Any of these three outcomes beats silence, and each can be signed electronically:

1. A signed change order, once their question is answered or the price is adjusted.
2. A written directive to proceed. If they want the work but dispute the price, ask them to sign a short instruction to go ahead on time and materials at stated rates, with the final price settled under the contract. You keep working, with proof they asked for it.
3. A signed decline. If they don't want the change, have them confirm in writing that they chose not to go ahead, especially for a code, safety or warranty issue. If the problem surfaces later, that page protects you.

Getting paid, and your lien rights

Doing extra work without a signed change order doesn't always mean you can't collect for it, but it makes collecting slower and harder:

• Some states set what a change order must say. California's home improvement law says an extra work or change order isn't enforceable against the buyer unless it sets out, among other things, the scope of the work and the amount added to or subtracted from the contract (Cal. Bus. & Prof. Code § 7159.6).
• Without an agreed price, you're arguing about value. Minnesota's lien law is typical: the lien against the owner is for the sum agreed upon, or the reasonable value of the work and materials where no price was agreed (Minn. Stat. § 514.03). Proving reasonable value takes invoices, receipts and sometimes an expert. Proving a signed price takes one page.
• The request has to trace back to the owner. Lien statutes tie the lien to work done under a contract with the owner or at the request of someone acting for them, as Minnesota's does (Minn. Stat. § 514.01). A text saying go ahead helps; a signed directive is better.
• Lien deadlines keep running. The time to give notice or file a mechanics lien is set by state law and often counts from your last day of work. Don't let a fight over one change order carry you past it.

What to say

• "I found something behind the drywall you need to see before I go further. Here are three photos and what it costs to fix."
• "This isn't in our contract, so I can't do it without your OK. You can approve it, ask me for a cheaper option, or tell me to leave it."
• "I'll keep going on the rest of the job. This area is paused until I hear from you, and I'll update the finish date when I do."
• "If you'd rather not do it, I just need you to sign that you decided not to, so we're both clear later."

Skip threats you can't back up, like stopping the whole job when your contract doesn't allow it, and don't push anyone to sign on the spot. A rushed signature is easier to challenge.

Stop it happening on the next job

• Write a change clause into your contract: changes must be in writing and signed, how they're priced, and what happens if you can't agree.
• Price the usual surprises up front with an allowance or a unit price, like replacement decking per sheet.
• Get paid for changes before you start them. New York City's consumer agency builds that into its sample change order form: unless both parties agree otherwise in writing, extra charges are due before the contractor begins the change in work.
• Sign changes on site. The best moment for a signature is right after the customer says yes.

Handling it in SignMaster

1. 1

   Attach the evidence

   Start from your change order form template and add your photos to the same envelope. Photos and Word files become PDF pages, so the customer sees the problem right next to the price.

2. 2

   Sign it on the spot

   If they're home, use in-person signing on your phone or iPad. If not, send the link with a sign-by date and reminders.

3. 3

   Let them push back properly

   Signers can ask a question in the comments, request changes or decline with a reason. You see the reason, duplicate the envelope as a draft, adjust it and send it back.

4. 4

   Keep the record

   The envelope shows when they opened it and what they did, and the signed copy comes with a certificate of completion. Keep declined versions too; together they're the timeline you'll want in a dispute.