They Changed the Timeline — But Not the Contract. Now What?

“It was all agreed verbally.” That’s not enough when things go wrong.

It happens all the time in construction: The client or GC says, “Don’t worry about the date—we’ll adjust it later.” So the work gets pushed… but no one updates the contract.

Then something goes wrong. Now they’re using the old schedule against you.

📉 Why Verbal Agreements Don’t Hold Up

In New York and New Jersey, construction contracts are typically enforced as written. Courts assume the final signed agreement reflects the parties’ real intent—even if the schedule changed verbally.

If you don’t get it in writing, you may be stuck with:

• Liquidated damages for “delay” you thought was approved
• Claims of breach for not meeting the original deadline
• Disputes over payment timing or progress billing

📅 The Danger of Silent Scope Creep

It’s not just timelines. When timelines shift, scope often shifts too—but if you don’t document it, you may eat those extra costs.

Clients say: “It’s just a small change.” But small changes add up fast—and courts won’t guess at your intent.

✍️ What a Proper Change Order Looks Like

Change orders should include:

• A written description of the change in scope or timeline
• Signatures from both sides
• Cost impact and schedule adjustment

Email chains alone may not be enough—especially if the contract requires formal change orders to modify terms.

🚧 Real Case Example

A subcontractor in NJ pushed back their electrical work based on verbal instructions from the GC. But when the owner complained, the GC blamed the sub and withheld $75K in final payment, citing contractual delay.

The sub sued—but the court held that “absent written modification, the original terms control.”

✅ How to Protect Yourself Going Forward

• Never rely solely on verbal changes—even if it’s a friendly client
• Send written confirmations immediately after any agreed change
• Push for signed change orders before adjusting your schedule or scope
• Keep a change log to document cumulative impact

The Bottom Line

If your timeline or scope changes—even slightly—you must change the contract. If not, you risk delay claims, withheld payments, or worse.

Already dealing with a schedule dispute or scope argument? Book a 15-minute paid consultation with JDE Law Firm, PLLC.

🔗 Schedule a Consultation