What is required from contractors when there are deviations from plans or specifications?

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When there are deviations from the plans or specifications on a construction project, obtaining the written consent of the owner is essential. This requirement ensures that both parties are aware of and agree to any changes made to the original plans, which is crucial for maintaining clear communication and avoiding potential disputes. A written consent serves as a formal record of the modifications and protects the contractor by ensuring that the owner acknowledges the changes and their implications, such as impacts on costs or completion timelines. Having this documentation helps in enforcing contractual obligations and confirms mutual agreement on the adjusted scope of work.

While some might think verbal agreements could suffice, they often lack the clarity and accountability that written consent provides, making them less reliable in a legal context. Documentation of material changes is important, but it does not replace the need for owner consent, as changes could significantly impact the project. Lastly, not taking any action at all could lead to misunderstandings or disagreements later, which may result in legal issues or delays in the project. Therefore, requiring written consent is a best practice to ensure that both the contractor and owner are aligned and protected throughout the construction process.

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