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Construction Law/Change Order Question


Dear Akhtar Hussain Mayo,

Recently we were working on a Government Project in Monterey, CA. Scope of work was to repair exterior wood and paint of the exterior.

When we started the project we found few areas that were hidden under the stucco surface that we needed to repair and patch. We sent a change order request, and City replied that it was part of the scope of work and part of the specs to repair all wood, and refused to pay for the change order.

Question is. If spec of work says to repair and patch all wood, but there was a part that was not visible and found later during the work. Should it be considered a change order? since it was not visible during the bid? Are there any laws in regards to this?

Thank you so much,

Dear Vlad Shevchenko,

Apparently, the City is right; repair contracts are usually; fixed price contracts. Contractors do include contingencies/un-expected conditions, in the bid price, and such varying conditions are considered as expected risk, therefore, the City authorities may not accept that.

However, if, it is a measurement contract, the clause for variation may be consulted. And or if the contractor can demonstrate/substantiate the exceptionally changed conditions' doctrine, the contractor may have grounds to pursue his case.

Kindly, consults with your contract expert in the preview of the language of the contract.

Best Regards,
Akhtar Hussain Mayo

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Akhtar Hussain Mayo


I am interested to comment on Project planning/scheduling, schedule updating, extension of time delay analysis, concurrent delays, extension of time, extension of time delay compensation cost analysis, up to some extent on contractual matters, for the sake of my learning


worked on a Eot and cost compensation claim in 1992 for 34 million USD, 1987-1992 worked as RE technical at Tarbela third extension, Pakistan, 1992-1996 scheduling and construction claim processing at Lahore/Karachi on Thermal projects, 1197 to 2006 in Saudi Arabia project scheduling/coordination/monitoring and managing the multiple activities for completing four 300 beds hospitals in different parts of the world, since 2006 to date working for scheduling, delay analysis, cost compensation Eot claims and project monitoring. Also, Quality manuals review, monitoring and quality audit

National Engineering Services of Pakistan, Lahore, since 1982 - to date.

published my method in "The Engineer" Delay cost analysis through as-planned verses as-built and as-adjusted time schedule. 1991

1976-81 Bsc Engineering (Mechanical), UET (Lahore) 2007-2009 MS TQM (Total Quality Management) PU (Lahore) courses in CPM/PERT PIM Lahore Project planning/Control work shop ARAMCO, Dahran Primavera users conference in Jeddah. Heat recovery systems quality inspection in China 220 Kv transmission line tower manufacturing quality assurance at Lahore

Awards and Honors
- Best service award from Saudi German Hospitals Group (SGH), Jeddah during the construction planning/scheduling and monitoring of Abha Hospital, Saudi Arabia. - Selected as Steering Committee member for SGH Group, Jeddah. - Selected as Strategic Committee for business development, SGH, Jeddah. - Headed the committee for standardized recrutment of medical staff from different parts of the world for initial start-Up of hospitals.

Past/Present Clients
Water and Power Development Authority KaracHi Electric Supply Corporation Saudi German Hospitals Group,Jeddah Civil Aviation Authority, Islamabad, Pakistan Laraib Energy Limited, Mir Pur Azad-Kashmir, Pakistan Central Power Generation company processing the Eot Claims and cost compensation of claims CPGCL-GENCO-II, Lahore

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