- A change order is an agreed modification to the original contract — a change in scope, materials, price, or timeline, documented and (ideally) signed by both parties before the…
- "I Never Agreed to This Extra Charge" The contractor performed additional work — sometimes because it was genuinely necessary, sometimes because they assumed you would want it — and…
Almost every renovation changes at least a little from the original plan. A wall opens up and reveals a problem. You decide, mid-project, that you actually want the upgraded countertop. The contractor says a certain detail was never included in the original price. However it starts, the result is the same question: who has to pay for the extra work?
This is one of the most common — and most avoidable — sources of contractor disputes in Ontario. The answer usually comes down to what was agreed, and how clearly, before the work happened.
What a Change Order Actually Is
A change order is an agreed modification to the original contract — a change in scope, materials, price, or timeline, documented and (ideally) signed by both parties before the additional work begins. Done properly, a change order prevents exactly the kind of dispute this article is about, because both sides agreed to the extra cost in writing before anyone picked up a tool.
The disputes arise when that process gets skipped.
The Three Most Common Change Order Disputes
1. "I Never Agreed to This Extra Charge"
The contractor performed additional work — sometimes because it was genuinely necessary, sometimes because they assumed you would want it — and later billed for it without a prior written agreement on price.
What matters: Whether you actually requested or clearly agreed to the additional work, even verbally, and whether the contractor gave you a reasonable opportunity to say no before proceeding. A contractor who does extra work without any agreement and simply presents a bill afterward has a much weaker position than one who got at least verbal sign-off along the way — though verbal sign-off is still far weaker evidence than a signed change order.
2. "This Was Always Included in the Original Price"
The contractor claims something is outside the original scope; you believe it was always covered.
What matters: The specificity of your original contract's scope of work. This is exactly why a detailed, itemized scope matters so much at the signing stage — see our related article on what to put in a renovation contract to avoid disputes like this one. Vague original language ("renovate the bathroom") makes this kind of dispute much harder to resolve one way or the other.
3. "Unforeseen Conditions" Discovered Mid-Project
Opening a wall reveals structural damage, outdated wiring, or moisture problems that could not reasonably have been anticipated.
What matters: Whether the condition was genuinely unforeseeable (versus something a reasonably careful contractor should have identified before quoting), and whether the contractor properly documented what was found, why it required additional work, and what it will cost before proceeding.
How to Evaluate a Disputed Change Order
| Question | Why it matters |
|---|---|
| Is there anything in writing — text, email, signed form — showing agreement to the extra work? | Written evidence, even informal, is far stronger than a verbal "yes" that is now disputed |
| Did the original contract's scope of work clearly include or exclude this item? | A precise original scope resolves many disputes without needing to look at anything else |
| Was the additional work genuinely necessary, or discretionary? | Necessary remedial work (fixing a real problem) is treated differently than upgrades or scope additions you requested |
| Did the contractor proceed with the extra work before telling you, or after? | Work done and billed after the fact, with no prior notice, is the weakest position for a contractor to defend |
| Is the price for the extra work reasonable and explained, or a round, unexplained number? | An itemized breakdown supports a legitimate charge; a vague lump sum invites more scrutiny |
What to Do If You're Facing a Disputed Change Order
- [ ] Gather every text, email, and note from conversations about the disputed work
- [ ] Compare the disputed item against your original contract's scope of work line by line
- [ ] Ask the contractor for a written, itemized explanation if one hasn't been provided
- [ ] Avoid paying the disputed amount outright if you believe it is not owed — but also avoid an outright refusal to pay anything, if part of the amount is legitimately owed
- [ ] Respond in writing setting out clearly what you agree is owed and why you dispute the rest
- [ ] Get legal advice before the dispute escalates into a lien claim or a standoff that halts the project entirely
Frequently asked questions
Is a verbal change order enforceable in Ontario?
It can be, but it is much harder to prove than a written one, and disputes over what was actually said are common. If you ever agree to extra work verbally, follow up promptly in writing (even a text message) confirming what was discussed — this protects both sides.
Can a contractor refuse to keep working until a change order dispute is resolved?
A contractor may pause work if they believe you owe money for completed work, which can create real pressure to resolve a dispute quickly even where the amount is genuinely contested. This is a practical risk to weigh, separate from who is technically right.
What if I refuse to sign a change order and the contractor does the work anyway?
If you clearly declined to authorize additional work in advance, a contractor who proceeds anyway has a much weaker claim to be paid for it — but the specific facts (what was actually said, whether the work was necessary to proceed safely, etc.) will determine the outcome.
Can I get money back if I already paid a change order I now believe was unjustified?
Potentially, though this becomes harder once payment has already been made. Gather your documentation and get legal advice on whether pursuing a refund is realistic given the amount involved and the strength of your evidence.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.