Disputes and Claims from Non‑Compliant Change Order Procedures on Public/Institutional Projects
Definition
Regulatory and best‑practice reports stress that public and large institutional projects require formal, documented change orders referencing contract documents and authorized signatures; failure to follow prescribed procedures can lead to disputes, denied claims, or adverse audit findings, particularly on federally funded projects.[5][7] Guidance notes that contractors may be forced to proceed under reservation of rights when price/time cannot be agreed, increasing claim and litigation exposure.
Key Findings
- Financial Impact: While the specific dollar impact varies per dispute, on large nonresidential and transportation projects change order claim disputes routinely involve millions in questioned costs and can lead to partial or full disallowance of compensation, effectively converting extra work into an unfunded cost burden on the contractor.[7][2]
- Frequency: Quarterly
- Root Cause: Inadequate adherence to contractually mandated change order clauses, lack of timely written notice and detailed backup, and proceeding on informal direction instead of executed change orders create openings for owners and auditors to deny or reduce payment, or to challenge eligibility of costs under funding rules.
Why This Matters
This pain point represents a significant opportunity for B2B solutions targeting Nonresidential Building Construction.
Affected Stakeholders
Project Manager, Contracts Manager, Owner’s Representative, Public Agency Contracting Officer, Construction Attorney
Deep Analysis (Premium)
Financial Impact
$1,000,000–$20,000,000+ in federal funding disallowed on large campus projects; audit penalties; reputational damage; funding suspension for future projects • $1,000,000–$50,000,000+ in questioned federal contract costs; audit penalties; debarment risk if patterns emerge; project suspension • $100,000 - $400,000 from billing errors, unrecovered change order costs, and month-end reconciliation delays
Current Workarounds
Accountant creates manual audit trail by collecting emails and informal approvals; enters change manually into spreadsheet and accounting system • Accountant manually requests change order documentation, verifies signatures via email, then enters cost manually • BIM clash reports exported to Excel, email circulated to stakeholders, informal sign-off via email reply, no linked contract clause or change order form, revision history in PDF comments
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Methodology & Sources
Data collected via OSINT from regulatory filings, industry audits, and verified case studies.
Evidence Sources:
- https://www.volpe.dot.gov/sites/volpe.dot.gov/files/2025-01/Understanding%20Construction%20Change%20Orders%20Report%20v01-16-2025_508%20compliant%20final.pdf
- https://learn.aiacontracts.com/articles/6378493-the-fundamentals-of-change-orders-in-construction/
- https://www.smartsheet.com/content/construction-change-order-form-101
Related Business Risks
Unpriced and Late-Priced Change Orders Eroding Billable Revenue
Productivity Loss and Rework Costs from Poorly Managed Change Orders
Rework and Defects from Informal or Rushed Change Order Implementation
Slow Change Order Approval Extending Time to Cash and Tying Up Working Capital
Administrative Burden of Change Order Pricing Consuming Estimating and PM Capacity
Inflated or Opaque Change Order Pricing Enabling Abuse and Disputes
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