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Change Order Issue

Once a change order is signed by an architect, can it be rescinded (at a later date) should the architect find *better pricing*?

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May 4, 2020

Change order processes should follow the contract. If the contract allows change orders to be cancelled, then the architect would certainly be allowed to do so. Further, if the contract allows for termination for convenience, then there's a good chance the architect could cancel some of the scope of work on their own. What's more, if the contract enables the architect to execute deductive change orders, then the architect would be able to get rid of a change order, themselves. But, if the contract doesn't specifically allow for any of those actions, then an architect shouldn't be able to renege on a change order. If the contract is completely silent about the ability to issue change orders in the first place, then there would be a lot of gray area to navigate. Generally: If the contract doesn't provide guidance, and if the parties agreed upon a change order and pricing, then one side shouldn't be able to cancel it on their own. But again - it'd be wise to consult a New York construction attorney for clarity. They'd be able to review the contract and change order documentation then advise on rights and how best to move forward.

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Jan 8, 2021

This is a matter of Contract. They are either bound to the deal or they are not. Good contracts make good partners. Bad contracts make for litigation.

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