Your kitchen is gutted. Cabinets are gone, drywall is open, and the crew has been on-site for nine days. Then the contractor calls: "We found something behind the wall. It's going to be an extra $4,800." You are now negotiating a price increase in the worst possible position — mid-project, mid-demolition, with no competing bids and no realistic way to walk away.
That scenario plays out constantly. On a $50,000 kitchen remodel, change orders averaging 15-20% of the original contract value are common — $7,500 to $10,000 in costs that were not on the quote you signed. Some are legitimate. Many are not. And the difference between the two is often just a matter of knowing what to look for.
How change orders work contractually
A change order is a mutual agreement — a written amendment that adds, removes, or modifies work and adjusts the price accordingly. Both parties sign before the additional work begins. The document should specify the new scope, the additional cost, the impact on the project timeline, and the payment terms for the added work. That is the theory. In practice, change orders frequently arrive as a verbal phone call and a number scrawled on the back of a receipt.
Legitimate vs. fabricated reasons for change orders
Construction genuinely involves discovery. You cannot see inside walls before you open them, and not every mid-project cost increase is a hustle. The question is whether the discovery was truly unforeseeable — or whether someone was just counting on you not knowing the difference.
Legitimate: hidden conditions
Picture this: during a kitchen remodel, the electrician opens the wall and finds knob-and-tube wiring running to the existing circuits. Common in homes built before 1950, this wiring cannot be spliced into or extended per NEC code. Remediation means running new Romex from the panel to each circuit in the affected area. At 50 linear feet with 3 circuits, expect roughly $4,200. At 120 linear feet with 6 circuits, the cost approaches $7,500-$8,000.
That is a legitimate change order. The condition was buried inside a finished wall. No visual inspection during the initial walkthrough could have caught it. What the contractor owes you in return: photos of the existing wiring, the relevant NEC code citations (typically NEC 394.10 and local amendments), and a line-item breakdown of the remediation cost.
Fabricated: "unforeseen conditions" that were visible
The test is simple: could a reasonably experienced contractor have identified this condition during the pre-bid walkthrough? If yes, the change order is not justified. That cost belongs in the original quote — either as a line item or as an explicit exclusion with a cost range. Not as a surprise four weeks in.
The T&M rate trap
Here is where the math gets quietly vicious. Most contracts specify that change orders will be billed at "time and materials" (T&M) rates. Those rates are almost always higher than the effective rates in the base contract. A contractor who bid the project at $65/hr effective might have a change order T&M rate of $95-$125/hr. Same crew. Same type of work. A 46-92% increase.
The fix is straightforward, but it has to happen early: negotiate the change order T&M rates before you sign the original contract. Specify the hourly labor rate by trade (electrician, plumber, general laborer), the markup percentage on materials (10-15% is standard), and whether overhead and profit are included or added separately. By the time a change order lands on your counter, this negotiation window has closed.
The "verbal authorization" trap
You are at work on a Tuesday afternoon. Your phone buzzes. "We found some rot in the framing — it's going to be an extra $2,200, but we need to fix it today or we lose a week." You say "okay, go ahead." Two weeks later, the invoice shows $3,400 for the framing repair, plus $800 for "additional structural evaluation" you never discussed. Welcome to verbal authorization — the single most common way homeowners end up paying for work they never formally approved.
Documentation you should demand
Before your pen touches a change order, every one of these should be in front of you:
- Photographs — Timestamped photos of the condition that triggered the change. If the contractor claims they found rot in the subfloor, you need a photo of the rot with a measuring tape for scale.
- Code citations — If the change is code-driven (knob-and-tube wiring, undersized joists, missing fire blocking), the change order should cite the specific code section requiring the work. NEC, IRC, or local amendment — the citation should be specific, not "it's not up to code."
- Supplier quotes or material receipts — If the change order includes $1,200 in materials, you should see the supplier invoice or at least a quote from the supplier. A contractor who cannot produce a material receipt is estimating, not documenting.
- Labor breakdown — Hours by trade, rate per hour, and total labor cost. "Labor: $2,800" is not a breakdown. "16 hours electrician @ $95/hr + 8 hours laborer @ $55/hr = $1,960" is a breakdown.
- Timeline impact — How many days does this add to the project? If the answer is zero, the contractor is saying they had slack in the schedule — which raises the question of why the original timeline was padded.
Negotiating change order terms in the original contract
The time to set these rules is before you sign the original contract — not when the contractor is standing in your gutted kitchen holding a piece of rotted framing and a number he just came up with.
Change order vs. scope gap
Sometimes what looks like a change order is actually a hole in the original scope of work — and knowing the difference can save you thousands. If the contract says "install new vanity" but never mentions plumbing connections, is the plumbing a change order? A well-written contract would say "furnish and install new vanity including all plumbing connections to existing supply and drain lines." A vague one leaves room for the contractor to argue that plumbing was never part of the deal.
What to do when you receive a change order
Do not sign it the moment it appears. Take 24-48 hours. Demand the documentation listed above. If the amount exceeds $2,000, get a second opinion from another contractor or a construction consultant — a one-hour consultation at $150-$250 can save you thousands on an inflated change order. Compare the change order rates to your contract's specified T&M rates. If rates are not specified in your contract, you have already lost leverage, but you can still negotiate.
The pattern across every inflated change order is the same: urgency, vagueness, and a missing paper trail. Counter all three with patience, specifics, and documentation requirements you set in writing before the project started.
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