Changes are a fact of life in design and construction. Written contracts typically require that the changes are not valid unless formalized in writing and signed by an authorized agent of the owner. Frequently, though, to advance progress, contractors or design professionals proceed on oral authorizations or letters signed by an owner’s employee.
For private contracts, the courts have recognized that parties can waive the contract’s formalities regarding the need for written change orders by their course of conduct. See, e.g., Tados v. Kuzmark, 660 N.E.2d 162, 170 (Ill. App. Ct. 1995). A recent case reminds us that public contracts are different: on public contracts, statutes or ordinances apply.