Most construction contracts have change order provisions that require a written change order signed by the general contractor (identifying the work and the change in contract price for the additional work) in order for the subcontractor to get paid for doing work beyond the scope of the contract. Sometimes there is disagreement about whether the work is within the contract scope of work or not. Other times, a subcontractor must decide whether the time lost arguing over the change order in advance is worth the delay costs and may decide to do the work in advance of getting the change. “When deciding to proceed with work outside the contract scope without a change order, it is important to understand whether the work is ‘extra’ work or ‘additional’ work because the subcontractor will have an equitable claim for the cost of the former if it makes sure to establish certain required elements of the claim,” said Jay Morris, Galloway Johnson Tompkins Burr & Smith. “However, if the work is ‘additional’ work, an equitable claim—one outside of contract law based upon equity/fairness—will not lie.” Morris will present the ASA webinar, “How the Difference Between Extra Work and Additional Work Can Impact Claims for Payment,” on Jan. 23. In the webinar, Morris will help subcontractors identify the difference between extra work and additional work so that they can better decide on whether to proceed with the work without a change order or not (in order to avoid general breach or delay damages). This webinar will take place from noon to 1:30 p.m. Eastern time. Registration is $99 for ASA members and $179 for nonmembers. Register online.