In construction, the original scope of work rarely stays the same from start to finish. Owners request extras. Contractors adjust timelines. Subcontractors add tasks to stay on schedule. Before long, the project has ballooned beyond the original agreement — a phenomenon known as scope creep.
If you’re a contractor, subcontractor, or supplier working on Florida construction projects, scope creep can lead to unpaid work, liability exposure, and legal disputes. The good news? Florida law provides tools to protect you — if you know how to use them.
What Is “Scope Creep” in Construction?
Scope creep refers to the gradual, often informal expansion of a project beyond its original terms — without written change orders or agreement on pricing.
It often looks like:
- A property owner asking for “a few extras” without discussing cost
- A general contractor directing a sub to “just go ahead and do it” without issuing a change order
- A project manager requesting changes without clear documentation
The problem? Extra work without proper authorization = payment risk.
Florida Law: Can You Get Paid for Extra Work?
✅ Yes — but only under certain conditions.
Even if the work was outside the original contract, you may still be entitled to payment under Florida law if:
- The other party authorized or accepted the work, and
- The work provided a measurable benefit to the project
You may be able to recover under:
- Express or implied contract principles
- Quantum meruit (the reasonable value of labor/materials provided)
- Unjust enrichment claims
But without documentation, you’re fighting an uphill battle.
Common Causes of Scope Creep in Florida Projects
- Lack of a clearly defined or detailed scope of work
- Poor change order procedures or enforcement
- Verbal approvals that aren’t followed up in writing
- Pressure to keep the project moving without formal approvals
- Owners or GCs delaying written change orders while instructing the work to proceed
Why Scope Creep Is Dangerous (Especially for Contractors)
If you proceed with work outside the original contract without a written, signed change order, you may:
- Lose your right to payment
- Face a counterclaim/defenses`11 for unauthorized work
- Trigger insurance coverage issues
- Lose the ability to enforce a lien for the value of the extra work
And even if you win in court, the cost of litigation may outweigh the value of the disputed change.
How to Protect Yourself Against Scope Creep in Florida
📌 1. Use a Detailed Scope of Work
Start with a clear contract that defines:
- Included work
- Excluded work
- Pricing methods for extra work (unit pricing, hourly, etc.)
📌 2. Require Written Change Orders
Make sure your contract requires that all changes must be:
- In writing
- Signed by both parties
- Agreed upon before the work begins
And if possible, don’t proceed until the change order is signed — even under pressure.
📌 3. Document Everything
If verbal instructions are given, immediately send a follow-up email:
“Per our conversation, we are proceeding with [extra work] as requested. Please confirm this will be addressed via change order.”
Save texts, photos, emails, and site instructions to support your claim.
📌 4. Use Daily Logs
A consistent daily log noting additional work performed, materials used, and who directed the work can become powerful evidence if payment is disputed later.
📌 5. Know When to Stop
If the changes are piling up and paperwork isn’t catching up, press pause. Continuing to work without documentation increases your legal and financial risk.
What About Lien Rights?
You may be able to include extra work in your lien amount — but only if the work was:
- Properly authorized,
- Within the scope of the original contract or validly added to it, and
- Performed within Florida’s lien timeline requirements
Including unauthorized or unapproved extra work in your lien could result in a fraudulent lien claim, so proceed carefully.
How Douglas Firm Can Help
At Douglas Firm, we help Florida contractors, subcontractors, and suppliers:
- Draft contracts with clear scope and change order protections
- Resolve disputes over unpaid extra work
- File and enforce construction liens — or defend against invalid claims
We understand how construction projects evolve — and how to protect your right to get paid when they do.
Contact Douglas Firm Today
If you’re dealing with unpaid extra work or want to make sure your next contract protects you from scope creep, we’re ready to help.
📞 954.474.4420
📧 andrew@douglasfirm.com
🌐 www.douglasfirm.com