Does a contractor need to provide a written notice to the owner or prime contractor stating that there will be an extra charge?

British Columbia, Canada


The following excerpt is from Redheugh Construction Ltd. v. Coyne Contracting Ltd., 1996 CanLII 3200 (BC CA):

16 As set out in Dunhill Construction v. Ledcor (1993), 9 C.L.R. (2d) 134 (B.C.S.C.), where extra work has been carried out on a construction project without regard to a contractual precondi­tion, the party who performs the work will generally be unable to recover the extra expenses it incurs. In Dunhill, Tysoe J. reviewed the law in this area and stated at 147: Accordingly, the law is clear that if the contract has a precondition to claim for an extra in the form of a change order or written notice, the contractor must comply with that precondition before being entitled to be paid for the extra work. When a contract requires a written change order or purchase order before the work is done, it is not sufficient for the contractor to write the owner or the prime contractor stating that there will be an extra charge.

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