What are the legal requirements for notice of change order in construction?
In South Dakota, there are specific legal requirements regarding the use of change orders in the construction industry. A “change order” is a document issued by the owner of a construction project to make changes to the contract terms or specifications. The contractor must comply with the change order or face liability for any resulting damages. In South Dakota, in order for a change order to be valid, both the contractor and the owner must agree to its terms (in writing). Additionally, the contractor must be given a reasonable time to complete the change order and the owner must pay all additional costs related to the change order. Furthermore, both parties must be given reasonable notice of the change order prior to work being carried out. Generally, the South Dakota Construction Law requires that the contractor must be given at least seven days prior to the order being carried out. This notice is usually given via a written letter or a notice delivered to the contractor’s site. These requirements in South Dakota’s Construction Law are important, as they ensure that both parties are appropriately informed and given enough time to make decisions about the change order process. Furthermore, these requirements protect both parties and ensure that any additional costs associated with the change order are borne by the owner who requested the change.
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