Construction Contracts Ravenglass
Source: MASONRY CONSTRUCTION MAGAZINE
Publication date: February 1, 2007
By Ron Willis
Sometimes the subcontractor is asked to waive his rights for claims on extra work. Don't do it. Never give up your rights to claims for damages or the performance of extra work under any circumstances.
Subcontractors need to be compensated with more funds and time by the GC for all extras incorporated into the work that are not specifically spelled out in the contract documents. It is the general contractor's responsibility to retrieve those funds from the respective trades or owner that originally generated the extra. If the owner or any of the subcontractors or suppliers requests an extra from your firm, they should pay for it.
There is often a statement like this in the subcontract: “The subcontractor will not be paid for any extra work where the cost has not been predetermined and the time extensions have been agreed on in advance in a signed change order by the contractor.” This statement works in your favor.
However, back it up with a sentence something like this: “No extra work will be done unless requested in writing and a price agreed on by both the general contractor and the subcontractor.” However, as often as not, there will be a counter statement that says that the subcontractor must perform extra work without compensation when asked.