What Is a Change Order in a Tulsa Construction Case, and Is It Enforceable?

In construction disputes, few issues create more conflict than change orders. Owners believe extra work should have been included in the original price. Contractors believe they performed additional work and deserve additional payment. Many construction cases in Oklahoma turn on whether a change order exists—and whether it is legally enforceable. Understanding what a change order is and when it’s enforceable is critical for anyone involved in a construction project.

What Is a Change Order?

A change order is a modification to the original construction contract that alters the scope of work, price, or timeline. It is commonly used when conditions change after the contract is signed, such as unexpected site issues, owner-requested upgrades, design changes, or code compliance requirements discovered mid-project.

In theory, a change order documents the agreement of the parties to adjust the original deal. In practice, many disputes arise because the change was performed before the paperwork was finalized—or never documented at all.

Do Change Orders Have to Be in Writing?

Most construction contracts require change orders to be in writing and signed by the parties. When those provisions are followed, enforceability is usually straightforward.

However, Oklahoma courts recognize that construction projects do not always proceed neatly. Verbal change orders, email approvals, text messages, and even conduct by the parties can sometimes support enforcement, depending on the circumstances. Courts often look beyond strict contract language to determine whether the parties mutually agreed to additional work and whether one party accepted the benefits of that work.

That said, the absence of a written change order significantly increases litigation risk.

When a Change Order May Still Be Enforceable Without a Signature

Even when a contract requires written change orders, courts may enforce extra work when the facts show that the owner knowingly requested or approved the change and accepted the benefit of the work.

Enforceability often turns on evidence such as communications between the parties, jobsite directives, invoices, partial payments, or testimony showing that the work was outside the original scope. Courts may also consider whether refusing payment would result in unjust enrichment.

These cases are highly fact-specific and often hinge on credibility.

Common Disputes Over Change Orders

Change order disputes frequently arise when an owner claims the work was included in the original contract, or when a contractor proceeds with additional work believing approval was implied. Problems also occur when pricing is discussed informally but never finalized, or when work is performed under time pressure without documentation.

In litigation, the question is rarely just whether the work was done. The real issue is whether there was an agreement—express or implied—to modify the original contract.

How Courts Analyze Change Order Claims

Oklahoma courts typically analyze change order disputes under traditional contract principles. Judges examine whether there was mutual assent, whether consideration existed, whether the contract is valid, and whether the terms of the modification can be reasonably determined.

When contract enforcement fails, courts may also consider alternative theories, such as quantum meruit or unjust enrichment, particularly where one party received a clear benefit and refusal to pay would be inequitable.

Why Documentation Matters

Change orders are one of the most preventable sources of construction litigation. Clear documentation protects both sides. For contractors, written approval reduces the risk of nonpayment. For owners, it prevents surprise charges and scope disputes.

When disputes do arise, documentation often determines whether a claim succeeds or fails.

Tulsa Construction Law Attorneys

A change order is a modification to a construction contract that adjusts scope, price, or timing. In Oklahoma, change orders are generally enforceable when properly documented, but they may also be enforced without a formal signature depending on the facts and the conduct of the parties. To discuss your options, contact our Tulsa construction lawyers at Kania Law Office by calling (918)–743-2233 or online.