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Extra Work [Construction Law]: What It Means and Why It Matters
Definition & meaning
Extra work in construction law refers to tasks or activities that go beyond what is specified in a construction contract. This includes any labor or materials that were not originally planned or included in the contract terms. When changes to the project plans or specifications arise, the additional work required is typically classified as extra work. Contractors are generally entitled to charge for this extra work, which may include both labor and materials that were not anticipated in the original agreement.
Table of content
Legal use & context
Extra work is commonly encountered in the field of construction law. It arises when there are modifications to the original project scope, often due to unforeseen circumstances or changes requested by the client. Legal practitioners may address extra work in various contexts, including contract disputes, claims for additional compensation, and project management. Users can manage related issues using legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contractor is hired to build a house based on specific blueprints. Midway through construction, the homeowner requests changes to the layout, requiring additional materials and labor. This additional work would be classified as extra work, and the contractor can charge for the associated costs.
Example 2: A road construction project encounters unexpected underground utilities that were not identified in the initial plans. The contractor must perform additional work to reroute the utilities, which would also be considered extra work. (hypothetical example)
State-by-state differences
State
Key Differences
California
Strict guidelines on how extra work must be documented and billed.
Texas
Allows for oral agreements on extra work under certain circumstances.
New York
Requires written change orders for all extra work to be enforceable.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Change Order
A formal document that outlines changes to the original contract.
Change orders specifically document alterations, while extra work may not always be formally documented.
Additional Work
Similar to extra work, but often refers to work that is explicitly requested by the client.
Extra work can arise from unforeseen circumstances, while additional work is typically planned.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving extra work, consider the following steps:
Document all additional work performed, including dates, materials used, and labor hours.
Communicate with the client about the need for extra work and obtain their approval when possible.
Consult legal templates from US Legal Forms to create necessary documentation.
If disputes arise, seek professional legal assistance to navigate the complexities of construction law.
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