Extras usually get agreed on site in a hurry. Put the change and the price in writing before the work starts. Illustrative photo.
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AEDO Engineering
AEDO Construction OPC, PRC-licensed civil engineers. Article 1724 is quoted directly from the Civil Code of the Philippines.
Short answer: on a stipulated-price (lump sum) contract, a contractor cannot legally charge you more just because the job cost more than they expected. They can only charge extra for a genuine change in plans and specifications, and only if two things happened in writing: you authorized the change, and both of you agreed on the additional price. Missing either one, the increase is not enforceable — no matter how reasonable it sounds when they ask.
This is different from an honest change order. Owners add things mid-build all the time — a bigger window, a moved wall, an upgraded finish — and a contractor is entitled to be paid fairly for real additional work. The abuse shows up when "extras" appear on a billing with no prior written agreement, when a verbal request becomes a peso figure only after the work is already done, or when an item billed as "additional" was already inside the original scope.
Free Legitimacy Checker · By AEDO Construction
Is This Change Order Enforceable?
Answer honestly about the paperwork you actually have, not what the contractor says should be enough. The checker applies Civil Code Article 1724 to a stipulated-price contract.
What this is and is not. A read of your paperwork against Article 1724, not legal advice on
your specific contract. Some contracts add their own change-order clause on top of the Civil Code — check
yours for a stricter form requirement before relying only on this.
Being asked to pay before you're sure? Send the contract, the item being billed, and whatever
paperwork exists, and we'll tell you where it stands.
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What Article 1724 Actually Requires
On a contract for a stipulated price, the contractor cannot withdraw from the contract or demand an increase in the price because labor or materials turned out to cost more. The one exception is a genuine change in the plans and specifications, and even then, the increase is only enforceable if both of these happened:
The owner authorized the change in writing — before the additional work proceeded, not as an afterthought.
The additional price was determined in writing by both parties — an actual peso figure both sides agreed to, not a placeholder to "settle later."
Neither condition needs a notary. A dated text message or email that clearly states the change and, separately, the agreed price can satisfy the law. What it cannot be is verbal, retroactive, or one-sided.
Figure: The Only Path to a Legal Price IncreaseBoth boxes have to be checked, in this order.
A written price agreed after the work is already billed does not retroactively authorize it.
Red Flags of Change-Order Abuse
The "extra" only appears at billing time — no prior conversation, no prior paper, just a new line item.
You're asked to sign a change order after the work is already done, presented as a formality rather than an approval.
The item is already inside your original plans or bill of quantities, rebilled under a different name.
The price is a round number with no breakdown — no quantity, no unit rate, nothing you could check.
Payment is demanded before the current billing period is verified, so the extra rides in with a legitimate progress payment.
Not the Same as a Government Variation Order
If a contractor invokes "variation order" procedures from public works — RA 9184 or PD 1594 — that framework governs government infrastructure contracts, not a private homeowner's agreement. Your contract is governed by the Civil Code, and Article 1724 is the provision that applies, not the public procurement rules.
Where These Figures Come From
Article 1724 is quoted from the Civil Code of the Philippines (Republic Act No. 386), read directly from the primary text. The government variation-order note reflects the separate legal basis of RA 9184 and PD 1594, which apply only to public infrastructure contracts.
Frequently Asked Questions
Can a contractor charge extra without my written approval?
Not on a stipulated-price (lump sum) contract. Civil Code Article 1724 bars the contractor from demanding an increase in price on account of higher labor or material costs, unless the change in plans and specifications was authorized in writing by the owner and the additional price was determined in writing by both parties. Miss either condition and the increase is not enforceable.
Does a text message or chat approval count as in writing?
Article 1724 does not require a notarized document, so a clear text, email or chat message that states the change and, separately, the agreed additional price can serve as the writing the law asks for. It is weaker evidence than a signed change-order form, and it only works if it was sent before the work proceeded, not after.
What if I already paid for an extra I never agreed to in writing?
Keep every message, receipt and version of the plans, and treat it as part of your billing dispute file. Whether it can be recovered depends on the facts, but the paperwork gap is exactly what a written record needs to show. An independent progress verification can document the actual work against the original scope before more money changes hands.
Do government variation-order rules apply to my private home contract?
No. The variation-order procedures under RA 9184 and PD 1594 govern government infrastructure contracts and their implementing rules. A private homeowner's stipulated-price contract is governed by the Civil Code, and Article 1724 is the relevant provision, not the public procurement rules.
What should a valid change order include?
A description of the change and how it differs from the original plans and specifications, a reference to the item it affects, the additional price, and the signatures of both the owner and the contractor, dated before the additional work proceeds. A change order signed after the work is already done is weak evidence of a prior agreement.
Sources
Statute used in this guide, read directly from the primary text. Links open in a new tab.
RA 9184 (Government Procurement Reform Act) and PD 1594 govern government infrastructure variation orders and are referenced here only to distinguish them from the private-contract rule in Article 1724; this guide does not cover their procedures.
Get a Disputed Charge Reviewed Before You Pay It
An engineer's read of the paperwork against your actual contract and scope.
Change order checked against your original plans and BOQ
Paper trail assessed against Civil Code Article 1724
Can be paired with a progress verification for the same billing
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