Is this a change order?

Question

I have my personal home in remodel and we added an addition to an existing covered patio with a common roof to the home. We're adding french doors to this room, a window, new framed walls, ect. The slab is sloped to the exterior, because is was a patio. The addition would require this slab to be level for the new flooring. In my mind, this an existing condition the contractor should have been aware of, and any means to level it, his. I asked the contractor if he thought he could float the floor, or if he'd need to install a new slab during the initial walk - he didn't have an answer at the time, but he has since mentioned it needed to be leveled.

My question is, am I wrong in thinking this is not a potential change order, and it should be included with the remodel costs?

The contract does not go into this detail, and it's not specifically included or excluded. However, my gut is telling me he's going to try a claim that this is extra work. What are your thoughts?

My question is, am I wrong in thinking this is not a potential change order, and it should be included with the remodel costs?

The contract does not go into this detail, and it's not specifically included or excluded.  However, my gut is telling me he's going to try a claim that this is extra work.  What are your thoughts?

Account Closed · Answer

@Ricardo Meza  I agree with you that this should have been included in the scope of work, especially since you raised the question during your initial meeting.  It's a pity you didn't notice its omission in the contract.  Even so, if the contract includes the flooring installation in that area, I would consider the slab issue as 'floor prep'.  That's the ethical position in my mind.  Legally, may be another matter.

Manolo D. · Answer

@Ricardo Meza A more professional contractor will cover that, pinching dime contractor will only hope that you don't know what you're doing. I sometimes over foresee on my bids, that's the only way I keep clients happy, and they hate change orders but understand them.

Ricardo Meza · Answer

Hi @Mike Cumbie,

The existing patio had arched openings, so, most of the structure is there.  What my contractor has done is framed in these openings for the new doors/window.  The addition is part of a whole house remodel, which included relocating the kitchen and a new floor plan.  So this is what they've been working on.

I understand where you're coming from @Manolo D.  If it comes to that, that's what I would reluctantly offer, but I'm going to stick to my guns as long as possible.  But I know how that'll go, he'll inflate the price expecting me to cut it back.  I work in contracting too (HVAC), and if this was an unforeseen condition, I'd be more lenient.  Between him and the designer, in my mind, this should have been covered.  I'm just hoping professionalism wins here.

I guess I have to have every nail accounted for in a bid.

Mike Cumbie · Answer

Hi @Ricardo Meza,I'm by no means a construction guy so I could admittedly be way off here.

But if the slab is not level yet, I would assume that the walls have not been built, the french doors, windows nor tie into the existing roof been completed. That being the case, what are you 3 months into doing?

Manolo D. · Answer

It could go both ways in my opinion, I charge floor prep differently and finish on a separate line item. Sometimes leveling is not easy. If he did not have an answer by job walk, he should let you know he will be charging it later when he gets the job on T&M base or FFP. It all depends on what your contract will say. Go half way is the easiest way to get out of a problem and to keep the project moving along.

Wayne Brooks · Answer

I've seen people tile a sloped floor, but if leveling wasn't included, in his mind, he should tell you before doing it.

Ricardo Meza · Answer

Thanks @Wayne Brooks, but we're 3 months into this project already.

Wayne Brooks · Answer

If you haven't signed the contract yet, just ask.  You should ALWAYS create a Very detailed scope of what is included, or not included.  Otherwise you are asking for problems.