Project I undertook went above and beyond the scope that both parties agreed on, and costs went 10 over budget. Do I legally qualify to get paid for those, even though neither party brought it up during the project run?

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Project I undertook went above and beyond the scope that both parties agreed on, and costs went 10 over budget. Do I legally qualify to get paid for those, even though neither party brought it up during the project run?

During the project run, the client kept adding tasks outside the project scope, that added to our cost. At the project conclusion, the client asked if the cost remained same, to which we answered no, and billed for an extra 10% of the original cost that both parties had agreed. Do I qualify legally to get paid those extra charges, even though no party discussed it during the project run. We were trying to absorb extra cost as much as we could, and infact did absorb half of the extra costs already, which was notified to the client as well.

Asked on September 14, 2019 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A client needs notice that changes or expansion of scope could result in additional charges; if they had such notice, then you can charge them. So if either your original written agreement with them warned them that changes or expansions would result in charges, or you notified them when they requested extra work that you'd have to charge them more for doing so and they ratified or agreed to the extra charge, you can charge them. But if the original agreement never put them on notice and you also never told them about extra charges when they asked for extra work, you cannot charge them, because in that instance, they never agreed to pay more.


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