Change orders-Driveway vs. flatwork

[bluewater415]

We have a difference of opinion with our general contractor. There was a driveway allowance and no allowance for flatwork in our spec sheet (Note: our driveway is around 1,000 feet long).

Now the flatwork invoice,which we did not approve through a change order, is coming in so high (and it encompasses certain pool decking, which is seperate issue), there are no additional funds available needed to complete the driveway. The flatwork included a long sidewalk, garage apron, pool decking and equipment pads.

So there are essentially two questions: 1) if the flatwork is not specifically identified in the spec sheet, is it included in the cost of the house (the architectural plans included flatwork

and

2) if there are no signed change orders for work that was done, what recourse do we have.

thanks much

[Rich]

IMO shame on both parties.
Initially you should have questioned the flatwork not being included in the spec sheet. And the contractor should have provided a change order before work had begun on the flatwork (if they assumed it was not included).
Now as far as recourse (assuming a legal stance) the contractor is to blame. The drawings show flatwork and if the contractor was not including the flatwork they should have specifically excluded it. Further, if the flatwork was to be excluded, the contractor should have provided a change order and waited for it to be signed before starting the work. That would be my stance if I were in your case anyway.
Of course, the contractor will have another stance which would essentially say that the specifications didn't include it.

[Rich]

In addition - it's not your responsibility to manage the contractor in matters of finance. It's similar to an employee not turning in a timecard. If they don't want to be paid then don't turn it in. If they assumed the flatwork wasn't included in the scope of work - then why would they perform the work?