To sum up, the best protection for all sides is careful and detailed contract procedures that in advance require exacting descriptions of the change, its money and time impact, written approval of all those who are affected, and precise turn around or approval times. Without stating and following such procedures, owners, contractors, lenders, bonding companies and others may be thrown into unpredictable legal proceedings. In that very expensive arena, witness memory, unclear documents, legal doctrines designed to reach "fair" results, and judges or juries will determine an outcome that strikes someone as lawful and reasonable -- but potentially devastating for the losing side. For public agency works, additional compensation or extra time for changes in the work will be rarely be obtained without following the law and contract provisions to the letter and in advance.

George Berger is a Partner at Allen Matkins in San Diego. He has over 30 years of experience as a litigator and can be reached at gberger@allenmatkins.com or (619) 233-1155.