A change order notice is a formal communication telling the general contractor or owner that an event has occurred which may change the scope, cost or schedule. In most construction contracts it is the first obligation after a change is identified — before any pricing. It preserves your right to claim; it does not, by itself, authorise you to start work.
The notice is not a price proposal
This is where the most expensive misunderstanding lives. Many subcontractors believe they can only issue a notice once they know what the change will cost. In practice that belief is what causes the deadline to be missed.
At the moment a notice is due, it is normal not to know:
- the final cost
- the schedule impact
- how many hours will be needed
- what additional materials are involved
- the full extent of the change
None of that prevents the communication. In many contracts it is precisely because those figures are unknown that the notice is required immediately. First you communicate the occurrence. Then you develop the analysis.
Why the requirement exists at all
It is easy to read notice clauses as bureaucracy. They are not. Managing a project depends on information, and a notice gives the other side the chance to act while the situation is still small.
On receiving one, a client may:
- cancel the change altogether
- modify the proposed solution
- issue different instructions
- cap the cost before it grows
- resequence the work
- ask for additional documentation
Without a notice, none of those decisions get made. The problem surfaces only when the change order proposal lands — often weeks after the event — and by then the options that would have been cheap for everyone have closed.
The deadline matters as much as the content
Contracts express the timing differently. Some specify a fixed number of days from the event. Others use language such as "promptly", "immediately", "without delay", or "within the time specified in the Contract". The wording varies; the message does not — communicate as early as possible.
Waiting until the cost analysis is finished before issuing the notice can itself be a breach, regardless of how well-founded the underlying claim turns out to be.
What a notice should contain
- the date the event occurred
- the location
- an objective description of what happened
- who made the request, or where the change originated
- the impacts that are already known
- a statement that further impacts are still being evaluated, where that applies
There is no advantage in turning a notice into a detailed proposal. The two documents serve different purposes, and conflating them slows the first one down.
Sending a notice does not authorise the work
A notice is an instrument of communication. It records that a situation exists which may change scope, cost or time. Most contracts do not treat it as permission to proceed, and depending on the clause you may need separate written authorisation before executing the work — or before any additional cost will be recognised.
The notice preserves your right to communicate. The contract determines when and how the work may actually be performed. Treating one as the other is a common and expensive substitution.
Where notices go wrong
- Believing a conversation on site replaces the formal communication
- Waiting for the proposal to be finished before reporting the event
- Failing to record the date the condition occurred
- Not following the procedure the contract actually specifies
- Assuming another company on the project will send it
None of these are noticed at the time. They surface only when the change order is disputed, which is the worst possible moment to discover a procedural gap.
Once the notice is out, the next questions are who is allowed to authorise the work and how you record what it costs. See who can actually approve a change order and what belongs on a T&M tag.
ScopeConductor numbers your change orders automatically, attaches field photos as evidence, sends them for signature and follows up until you get an answer.
See how it works