Is it legal for a general contractor to default on agreed upon amendments to the original contract that were made with text proof, such as labor draw points and change orders for additional work to be done?
Great question. The quick answer is that a change order agreed upon by you and the GC is usually enforceable. Reaching an agreement via texts should be okay unless your contract with the GC requires that all COs be in writing and signed by both parties, for example. Other relevant questions that come to mind are: after the GC approved the CO, did you incur any costs to mobilize? Did you provide the requested labor or materials? Did the GC accept your work? Without knowing more details, I cannot get more specific, but this gives you a general overview of the law. To better protect your rights, contact a construction attorney such as myself to advise you about your situation.
Regards,
William C. Little
214.304.8255
bill@gus-gilbert.com