Extra Work Claim

Extra Work Claim

Extra Work Claim

The claim requires that the work was outside the original scope, that the owner directed or accepted it, and that compensation was expected. Written authorization requirements govern recovery.

Quantum meruit may apply where no contract governs.

Alternative Names:

Additional Work Claim|Out-of-Scope Work

Why it Matters?

Scope interpretation determines whether work was extra or included, and contractors frequently lose because the specifications arguably encompassed the work under a general performance clause. Documenting the scope basis for treating work as extra at the time it arose is stronger than reconstructing the argument later. Where written authorization was required and not obtained, waiver through course of dealing is the fallback argument.

Frequently asked questions

Why do contractors lose extra work claims?

Why do contractors lose extra work claims?

Because specifications arguably encompassed the work under a general performance clause, making it included rather than extra.

What is the fallback where authorization was required?

What is the fallback where authorization was required?

Waiver through course of dealing, where the owner routinely accepted work without written change orders.