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What is scope creep in a construction contract?

On Behalf of | Apr 1, 2025 | Construction Law |

Construction projects are often creative ideas that the client pays the contractor to bring to life. The project’s goals and deliverables are known as the scope of the project. When the client starts to make changes to the project, there’s a chance that scope creep can occur. While this is often associated with major changes, multiple small changes can often lead to this issue. 

Scope creep typically occurs when a project begins without a clearly defined scope or when clients make ongoing requests without formal change orders. In some cases, contractors may feel pressured to accommodate those requests to maintain goodwill or meet unrealistic deadlines.

Preventing scope creep in construction projects

Preventing scope creep starts with a detailed written contract. This agreement should outline what’s included in the project, what’s not, how changes will be handled and who must approve them. It should also include timelines, payment terms and dispute resolution procedures.

Using formal change orders for any additions or modifications helps keep expectations aligned. Every change should be documented in writing, priced accordingly and approved by both parties before the work begins.

Strong communication is another key factor. Regular meetings with the client can help identify concerns early and reinforce boundaries. Contractors should also keep a paper trail of emails, drawings, notes and photos that show how the work was performed.

Having everything in writing and clearly documented can help to prevent issues with scope creep. These documents can also serve as a defense against claims stemming from the issue. It’s critical that all contractors understand how to protect their rights. Working with someone familiar with these matters may be beneficial for the contractor. 

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