Construction Change Order Lawyer
in Houston, TX.

Legal Support for Owners, Contractors & Subcontractors When Scope Changes Lead to Conflict

In Texas construction projects, change orders are inevitable, but disputes don’t have to be. Whether you’re dealing with a denied payment, scope disagreement, or unauthorized work, change order disputes can derail project schedules, strain relationships, and lead to costly litigation. At Elkhoury Law, I navigate change order issues with a blend of legal precision and practical construction insight—advising on everything from initial contract drafting and scope control, to dispute resolution when change orders escalate into claims for delay, disruption, or unpaid work.

I dive into the contract’s change order provisions, analyze project records, emails, and field directives, and identify where procedures broke down or responsibilities shifted. I also help manage your project during an active dispute, and advise on best practices for owners and contractors to keep projects from being derailed. Ultimately, whether resolving disputes through negotiation, mediation, litigation, or arbitration, I work to contain costs, preserve business relationships, and keep your project—and your cash flow—on track.

Construction Attorney in Houston, Texas with Local Experience

In the Houston metro area and across Texas, construction projects routinely face scope changes driven by unpredictable factors like extreme weather, regulatory shifts, permitting delays, material shortages, labor volatility, and coordination issues among trades. In fast-growing regions like Montgomery County, Fort Bend County, and Waller County, rapid development can lead to overlapping scopes, subcontractor coordination issues, and late-stage owner revisions, all common causes of change disputes. But these aren’t the only causes of changes: often, change orders are issued to address design defects, errors or omissions in construction documents, owner-requested changes in scope, unforeseen site conditions, and budgetary restraints.

According to a 2018 paper in the Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, a study of 185 Texas construction projects valued at $10 million or greater showed that average change over cost growth in these projects was 7%. The paper also found a significant correlation between change over cost growth and schedule growth.

With significant cost and schedule creep at risk, it can be beneficial to contact a Texas construction lawyer to help manage and negotiate all of the moving parts. Whether you're an owner frustrated by inflated change order pricing or a contractor performing uncompensated extra work, change orders in Texas can carry high risk and often deserve experienced legal oversight.

How do Change Order Disputes Arise in Texas Construction Projects?

Change order disputes often stem from confusion over scope, miscommunication, or poor documentation. Common causes include:

• Disputed scopes of work: The parties disagree whether the work is within the original contract or a true "change."

• Failure to follow change order procedures: Contractual requirements for written, signed approvals aren’t followed, including notice requirements or real-time cost tracking.

• Timing of the change: The change order is issued late, after work is already performed or when project deadlines are tight.

• Cost disagreements: One side claims the change order is overpriced or unjustified.

• Implied or oral change orders: The contractor performs extra work based on oral instructions or jobsite pressure without formal documentation.

Even when changes are necessary, failing to properly manage them can result in nonpayment, liability exposure, or costly project delays.

And in some cases, where each individual change order seems manageable, multiple scope changes can accumulate and overwhelm a contractor’s labor force, disrupt sequencing, and extend project timelines. This can lead to a cumulative impact claim, one of the most difficult claims to quantify and prove. That does not stop them from arising frequently in large-scale Texas construction projects, especially under EPC or DBA contracts.

How Elkhoury Law Helps with Change Order Disputes

I provide legal guidance at every stage of a change order dispute, and can help before a change order is issued or the project become contentious:

• Contract Review & Risk Assessment: I analyze change order clauses and the rest of the contract (including scope and design documents) before problems arise to spot gaps or ambiguities that can trigger disputes. I help draft change orders with your contract and project in mind, and respond to change orders in the same way.

• Change Documentation and Change Management Audits: I review project records, communications, timing impacts, and your practices to build clear narratives of what happened and when, and advise on best practices to make sure you and your project are protected.

• Negotiation and Dispute Resolution: Whether by negotiation, mediation, or arbitration, I help resolve change order disputes, with an eye to minimizing project disruption and preserving relationships across the entire contracting chain.

• Litigation: When needed, I represent clients in bringing and defending against breach of contract claims, mechanic’s lien claims, delay claims for disputed changes, cumulative impact claims, and claims for unjust enrichment or quantum meruit for unpaid, out-of-scope work.

Ready to Provide Strategic Help with Your Change Order Dispute

I take a business-first, deadline focused approach to change order disputes. I understand how important it is to:

• Protect your right to payment if you’re a contractor;

• Avoid project shutdowns and delays, and protect your bottom line if you’re an owner; and

• To act fast and preserve relationships whether you are an owner or a contractor.

Change orders can make or break a construction project. If you're in the middle of a dispute—or want to avoid one—Elkhoury Law provides practical, contract-driven, business-first counsel backed by years of experience in construction law. I understand what owners expect, what contractors need, and how to resolve disputes without burning bridges.