Contractors know the value of staying in compliance with their contracts and their customers – it can make or break the relationship. Keeping up with compliance requirements and ensuring that customers have all the information they need can leave those contractors without an organized process scrambling.
Developing a process, standardizing it, and using automation to carry out routine tasks improves efficiency and saves money. But you may wonder, how do you do this?
So, what is contract compliance?
Let’s start by getting clear on what contract compliance means in the construction industry. Contracts require certain documents and information from contractors so that project owners know that they are operating within the terms of the agreement.
There’s an almost endless list of items that could be requested in a project contract, and each contract is different. Contractors have to provide the requested information and documentation to ensure the owner that they are meeting the requirements, not only at the beginning of the project but throughout its life.
Here’s just a shortlist of information that may need to be communicated to a project owner to ensure compliance:
Lien requirements and notices
Safety and health information
Ensuring that these documents are received by the owner, meet the contract requirements, and remain up to date with all your clients can be difficult if you aren’t tracking them in an organized fashion.
Here are some suggestions to get started on standardizng and automating your contract compliance process.
1. Create a process
The first step to automating and standardizing your contract compliance process is to create one if you don’t have one already. If you already have a process, document it so everyone knows what it is.
The steps in a contract process may include:
Contract intake and review
List items that need to be sent for compliance
Review list for any items you don’t already have
Obtain/collect compliance documents
Return contract to client
Review requirements regularly for ongoing compliance
Depending on the specific compliance requirements, more steps may be needed. Make the process as simple as possible but recognize that it needs to be flexible as well.
2. Define roles
Now that you have the process written down, you’ll need to define who is responsible for taking care of each part. Steps can be assigned to departments or specific employees, depending on the size of your company.
For each step in the process, define what needs to be done, who is going to do it, and when it will be completed. It’s important to set deadlines for the completion of tasks, as contracts are often time-driven, and you need to ensure that you’ll meet the deadlines listed.
Be sure to include a way to deal with new documents or new requirements that you haven’t come across before. As situations and conditions change, contract requirements will as well. Assign someone to research the new requirements, as well as assign the task to the appropriate department or employee.
Once the process has been written up and all the steps assigned, distribute the information to everyone involved in contract management. Everyone needs to know who will be performing each role and how long they have to perform it, so they can keep each other accountable.
3. Automate as much as possible
Once you’ve created a standardized process for contract compliance, automation is the next logical step. Instead of wasting time finding and collecting paper documents, use technology to expedite the process. Automation helps streamline processes, which will save your team time and improve efficiency. And the chance for human error is reduced when compliance tasks are automated.
On a periodic basis, you should review the system and audit the results to ensure that you are maintaining compliance with your customers. Talk to the employees involved in the process and look for gaps or areas that continually get bogged down. You’ll also want to review the current status of compliance over all your contracts to ensure that the system is working effectively.
Once you’ve completed the review and audit, assess the overall system to see if it is working and if it’s effective. If there are changes that need to be made, implement them, and then review the process again after a while. Continual improvement will help ensure that the process remains effective.
5. Remain flexible
COVID has taught us that we have to remain flexible and ready to pivot at any time. Contract requirements can be changed in an instant, and new requirements are added all the time. Meet with your compliance team regularly to ensure that the current processes are meeting the needs of the contracts and make changes, as necessary.
Start the process today!
The first step to standardizing and automating your contract compliance process is to write it down. Then assess it to see if it’s effective. Assign roles and responsibilities so each step is covered. Then, find out how technology can improve your efficiency by automating as much of the process as possible. Software, like Premier Construction Software, can track expiration dates and prompt you to request new documents as needed, and provide online file storage so your whole team has access to compliance documents from anywhere. Reviewing and improving your compliance processes ensures that your company is always running at the peak of efficiency.
Dawn Killough is a construction writer with over 20 years of experience with construction payments, from the perspectives of subcontractors and general contractors. Dawn has held roles such as a staff accountant, green building advisor, project assistant, and contract administrator. Her work for general contractors, design firms, and subcontractors has even led to the publication of blogs on several construction tech websites and her book, Green Building Design 101.
If you’ve been around construction for any amount of time, you know how fluid a project can be. A would-be straightforward scope can morph and adapt several times before the project receives its Certificate of Occupancy.
Because a construction contract can be so rigid, and a project so fluid, there needs to be a mechanism that owners, general contractors, architects, and subcontractors can use to alter the scope officially. That mechanism is the change order, and it helps a project stay on course when the course itself changes.
This guide will help you understand what a change order is and how it works. You’ll also learn how you should be handling change orders to ensure the project continues smoothly from start to finish.
What is a change order?
A change order is an official document used to submit and approve changes on a construction project. They can be a result of a mistake, budgetary concerns, a change of heart or design, or an unforeseen and uncontrollable issue.
When a construction project begins, the owner signs a prime contract with the General Contractor. The General Contractor then signs contracts with subcontractors. All of these contracts contain the scope of work to be done, as well as the price of the project. These contracts start everyone off on an even keel and with a goal in mind.
Along the way, things change. Materials change, ideas evolve, designs scale back or grow, or an emergency pops up. For any number of reasons, the scope of the contract may have to change. As the scope of the contract changes, so should compensation.
This is where the change order comes into play.
While a change order is actually a contract amendment, it’s helpful to think of them as miniature contracts. They essentially change the scope, schedule, or compensation of the original contract, replacing it with new details, timelines, and values.
The party requesting the change order needs to include the same type of information as the original contract, plus some extras. It will include the changes requested, the reason, and the price change. It can also include other important information like changes in the timeline or issues it may cause. If there’s supporting information like materials quotes or pictures, the requesting party should submit them as well.
Once approved, the change order becomes the new contract for that aspect of the project.
Different Types of Change Orders and Their Uses
There are a few main types of change orders, and they have different uses throughout a project. The main types are internal and external change orders.
Internal Change Orders
Depending on how your firm runs your projects, transferring unused money from one budget line to another could require a change order. For example, if you shifted $5,000 from the permit budget line to the drywall budget line, an executive may need to approve that shift.
In order to propose that change, you need to create an internal budget transfer change order.
You can handle any other changes made to the project that does not cause or create revenue by creating an internal change order, as well.
External Change Orders
External change orders are for changes involving the customer. Most frequently, these are adjustments to the budget, scope, and timeline that the customer has to approve. External change orders almost always cause or create revenue.
If a material change occurs, or the project changes direction, you’ll create an external change order that documents the customer’s approval. This external change order will allow you to move forward under the new change in scope.
Why are change orders important?
Change orders are incredibly important for the success of a construction project. They allow for flexibility, collaboration, and a fair deal for everyone involved.
Change Orders for Owners
Change orders allow owners to make changes to the plan as it progresses. While these changes are often frustrating for contractors, they allow the owner to achieve the exact project they were imagining at take off.
When a project jumps from plans on a page or computer screen to a piece of land, the owner gets their first chance to actually envision the project. They can walk the decks, see how the plan lays out the walls, windows, and doors, and get an idea of what the finished project may look like.
They may not always like it, or something new may enter their mind. Or, maybe their budget changes. By creating a change order, they can alter the plan, discuss it with the contractor, and set a new course for completion. As long as the contractor agrees and the timeline works, everyone wins.
Change Orders for Contractors
Whether you’re a General Contractor or a sub, change orders are absolutely essential on a project. Everyone knows things come up and projects change, and a change order can help.
For instance, let’s look at material availability on a roofing project. When you signed the original contract, you specified that you’d use ABC roofing shingles for the project. But, when it was time to order your materials, only XYZ shingles were available.
It’s cases like these where change orders are absolutely essential.
If the XYZ shingles are more expensive than ABC, your job cost forecast could go out the window. You’ll be working just as hard for less money, and the costs will eat into your profit and your bottom line. A change order can request approval for the changes, saving your profit on the project.
If XYZ shingles are less expensive, and you purchase them anyway without a change order, you’ll be in breach of contract. If the owner or General Contractor finds out, they could withhold your payment or take you to court. A change order will alter the contract officially, clearing you from any wrongdoing compared to the original contract.
What should a change order include?
Regardless of which side of the contract you’re on, a change order is a request to alter its scope. It’s an extremely important document and, as such, needs to include a lot of important information.
While some contracts may specify that you use a particular change order form, other contracts leave it up to the requesting party to create their own. If you’re creating your own document, here are the basics it needs to include.
Project and Contact Information
First and foremost, your change order needs to include the basic information about the contract. This includes the names and addresses of the parties involved.
Aside from your own business name and address, you need to include the other parties. You want the owner’s name and contact information, as well as the prime contractor’s name and contact information in your change order. You also need to specify the project’s name and address, as well as the contract number.
Be sure to include the change order number on the project as well. You may only be expecting one change order, but things happen. Keeping track of change orders and the order you submitted them in can be important.
When it comes to submitting change orders, dates can go a long way to protecting both owners and contractors in the event of a dispute. They can be the paper trail you need to ensure things go smoothly, so don’t leave them out. While the signature date does signify approval, it may not be enough.
You need to include the date that you completed the change order on the document. It will help you establish that you knew there was an issue or change on a specific date and were taking the appropriate steps towards a solution.
You also need to include the date that you’re submitting the change order on, should it be different from the day you completed it. This can often be your signature date.
Also, if you discussed the change order previous to completing the document, you should include that date and the name of the person you spoke with in the supporting details. This date establishes a timeline for the project change, which can become important in a dispute. Most contracts require notice of changes within a specified timeframe, so including the date of the discussion in your change order is always a good idea.
The changes are really the heart of the change order, so you obviously need to include them. Changes can occur for many reasons and can take many shapes. If they change the cost, timeline, or scope of work, you need to include it.
As an owner, this is your opportunity to be very specific about the project change. If you’re changing the flooring in a commercial building’s lobby, you should specify how you’re altering the agreement. If it’s a different material, a different layout, or a different pattern, be sure to include it in the change order so there is no room for errors and misinterpretation.
Remember, contractors sign contracts based on plans. Change orders can come on the fly, with nothing but an idea to describe them. Be descriptive and detailed.
Contractors should also be very specific so there’s no room for confusion when payday arrives. If you’re switching materials, give exact units and product numbers. If you’re adjusting man-hours, again, be descriptive about it.
Most importantly, if the general contractor (or owner, in some cases) requests a change from you, be sure to describe it in detail.
For a contractor, it’s important to explain the reason for the change order request. If you’re using the “miniature contract” mentality, a change order submission is like a bid. It needs to be compelling so it receives approval.
If there’s a change in material price or availability, be sure to state so. If the inspector was on the site and requested changes, make sure you mention that. If the General Contractor made a judgment call, be sure to include it. If a labor strike or force majeure scenario caused the changes, absolutely be sure it’s in the change order.
If there’s a price change, which there usually is, include it in your change order. While this guide will not go into the act of pricing your change order, it will touch on the importance of its inclusion.
Regardless of whether you’re an owner or a contractor, you need to include the difference in cost that the change order will cause. If the scope changes to include less work, the price will decrease. Include it so everyone is on the same page. If the materials are increasing the price, put it in the change order.
It’s best to include these increases in dollar amounts instead of percentages. Taking the guesswork out of the change order process will help speed up the approval.
Also, your price change needs to follow the format of the original contract so it’s easy to compare the two. Both owners and contractors will have an easier time understanding the changes and the costs involved when they can compare it to the old contract.
Supporting documents can include requests from inspection reports, pictures, price quotes, and any other number of other ways to prove the change’s necessity. If you have something that supports your request, make a copy and include it in the change order packet.
For a change order to be official, both parties need to sign it. Be sure to include room for two signatures (yours and the other parties) on the page with the materials, scope, and price change, if at all possible. There should be a signature line, a line for print, and also a line for the date.
Be sure to include a line directly above the signatures that states something along the lines of “This change order is approved to proceed.” This indicates that the signatures serve as approvals for the work to move forward under these new parameters.
How can I keep track of change orders?
Whether you’re an owner, general contractor, project manager, subcontractor, or clerical staff, keeping track of change orders can get confusing. You need to stay on top of what’s coming in, what’s received approval, the dates of submission, and the impact they’ll have on the project’s financials.
Hard Copy Systems Are Confusing
While it’s possible to create a hardcopy system for tracking your change orders, it can quickly become overwhelming for you or your clerical staff. Papers can go missing, people can be a challenge to get a hold of for signatures, and sorting through a large project’s worth of change orders can get confusing.
Adopting a Construction Software Project
Adopting a construction software program that helps you and your staff automate the change order process can help avoid some costly errors. These programs can take a pile of loose papers and turn them into a spreadsheet that’s easy to read, track, and adjust as the project continues. They can track outstanding change orders and the dates they were submitted or received. These programs can generate internal change orders as well, allowing you to shift budgets and receive approvals instantly.
Instant Approvals and Automatic Updates
Possibly most important of all, adopting the right software will allow you to automate and streamline your approvals. Typically, change orders are first sent to project managers for approvals before sent to architects followed by the customer. Instead of going through the hassle of tracking down physical signatures on a hard copy, you can send a batch of proposals via email to be signed electronically. There are software that even allows for flexible workflows such as restricting who requires approval signatures by $ thresholds or a % of the budget. Once the customer reviews the proposals and signs them electronically, the software will automatically update the rest of the system.
Streamlined change order approvals and signatures, and real-time system updates can make your project management team’s job much easier.
Change Order Reports
Keeping track of where money is going, and why it’s going there, can help you maintain transparency and profitability in your change order process. By locking the estimate, the software will require staff to create change orders anytime they shift a budget or transfer funds. It can help keep everyone honest and the project above board.
A change order report can also point out inefficiencies. If line items and funds are shifting back and forth constantly, you might be able to determine your weaknesses on the project. With the ability to filter and run by change order type and reason. The report might help set a better course on the next project with new personnel or practices.
Month to Month Variance Reports
Keeping track of your change orders, approved or otherwise, is essential for effective management and forecasting as the project moves forward. With the right construction software, you can generate a variance report automatically, showing you what changed, how it changed, and was the change affected.
A variance report is also an effective way to compare your project’s actual costs to its estimated costs. You’ll be able to keep a better track of the project’s bottom line and make adjustments to maintain profitability.
For a project to reach a successful completion, some flexibility and cooperation along the way are almost always necessary. While legally binding contracts are rarely flexible, the change order process aims to keep things fluid, ensuring a desirable outcome for all parties involved.
While the process of completing a change order can be a bit confusing, or even nerve-wracking if it’s your first time, it’s a relatively straightforward principle: Here’s the change, here’s why, and here’s how much it’s going to change the price.
By understanding how they work, why they’re so important, and how to keep them organized, you’ll be able to leverage the change order process in pursuit of a better project outcome for everyone on the contract.
About Premier Construction Software Premier Construction Software is a true cloud, all-in-one accounting, job cost, project, document and drawing management solution designed to meet the needs of GCs, Developers, Design Build, and Homebuilders. Trusted by thousands of companies, Premier partners with forward thinking, progressive construction companies to provide a fully integrated solution for office and field staff operating on Mac, PC and any mobile device. Premier operates in North America as well as Australia, providing a true cloud solution that meets the needs of both markets today.
Tom Scalisi has over 15 years of experience working in the trades. Since moving to full-time freelance writing, he has developed a passion for helping construction companies grow. He enjoys teaching contractors how technology can streamline their businesses and educating them about their rights during payment disputes.
Construction management software is transforming the industry landscape and changing the way everyday tasks are handled by automating complex processes and creating a more efficient approach to project management. In this blog, we’ll discuss how our software can help you more effectively manage the submittals process, one of the most fundamental components to a successful project.
What are construction submittals?
Construction submittals are critical documents that can come in various forms and consist of multiple elements—for example, shop drawings, material data, color charts, product cut sheets, samples, and finished product components. Depending on the project, construction submittals can involve thousands of different items.
Before any construction actually begins, all of the equipment, materials, and specific details of the project are outlined in submittals and given to the architect and engineer for review and approval. Submittals allow the design professionals to review project details on a granular level, and to provide approval before any items are fabricated or delivered. This helps mitigate any unnecessary setbacks to the timeline or budget. The quality of submittals is extremely important as the level of detail and accuracy will directly impact the overall success of the project.
How does the submittals process work?
The submittals process begins early in the project phases and guides project execution, cost, quality and success. One of the first steps taken by a project manager or contractor after the execution of a construction contract and issuance of the “Notice to Proceed” is to submit technical specifications to the architect and engineer for approval as required by the contract documents.
Once received, the architects and engineers use the information provided in the submittals to verify the quantity of materials and products needed to complete a project. The submittals process also gives design architects the opportunity to select colors, patterns and types of material that were not decided upon prior to the completion of construction drawings. It’s important to note, however, this is not an opportunity for the architect to select different materials than what was agreed upon—rather, it’s to clarify the selection within the quality level indicated in the spec sheets and the quantities shown on plans.
After submittals are reviewed and approved by the product and design teams, they’re returned to the project manager which signifies they’re approved for construction or fabrication.
How can we help?
Submittals are extremely important because they drive the accuracy of project completion, the timeline and line items on the budget. Therefore, managing the submittals process is one of the most important duties of the project manager or contractor; however, the submittals process has traditionally been considered long and arduous given the amount of detailed data and specifications required for every facet of a project.
In the past, the submittals process required tedious and time-intensive manual data entry into programs like Excel, creating room for human error and inaccuracies. Construction management software automates this complex process and dramatically improves data accuracy, document management and sharing, team communication and collaboration, and more—all of which ends up saving you valuable time and money and contributing to project success.
We’re excited to announce that we’ll be launching a new submittals feature in October in order to help you with the following:
Create & Email Submittal Link to Multiple Parties
Live Collaboration with Any Third Party – No Extra Fee
Construction Specific Annotation Tool Bar – Add Stamps, Boxes, Comments etc.
Accessible on Any Device
Merge Multiple Files Together, Sort & Regroup
Track Responses, Due Dates, Version Control & Full History
Easily View All Submittals History
Customize Workflow Configuration
Ability to Revise & Resubmit
View & Share Historical Responses
Automate New Requests for Revisions
Set Due Dates & Track Overdue Items
Easily View Comments by Page on the Same Screen
Auto-Stores in Document Management
For more information about our new submittals feature, or to schedule a personalized product tour, click here.
Kathryn Dressler is a content strategist with more than 10 years of experience across the spectrum of marketing services, including blogging, social media, public relations, copywriting and editorial services.
Beginnings are always messy and this is often true in the Construction Industry. Especially at the start of a new project, which can make the entire project messy from day one. Through proper planning, possible pitfalls can most definitely be avoided.
The same can be said for implementing new construction software. Contractors often hesitate investing in a more efficient system – typically not due to the cost, but rather the anticipated stress associated with change management.
By applying your skills and know-how of running a successful and profitable construction project, you can avoid these common missteps when implementing a new construction software. Below are some of the most common roadblocks and related best practices to curb them.
1. Begin with a Plan
When you purchase a new construction software package, approach the implementation process the same way you would approach a new job – with a solid plan. Tap into the resources of your software provider in order to develop a logical and effective implementation strategy in order to be successful. They have helped thousands of clients before you, so with an open mind, allow them to be your trusted partner throughout the process.
2. Define Success
Success is more than simply having the system up and running. Look deeper into defining what success is. What procedures have you found that haven’t worked with your current software and how can those procedures be improved? Identify these measurements of success at the onset of implementing new software.
3. Assign a Project Manager Lead
Typically, you wouldn’t begin a new job without a Project Manager, so do not start a software transition without one. Ensure you have a dedicated Project Manager on board from your company and ensure they play a substantial role during the implementation process. Ultimately, the Project Manager will be one of the champions during start to finish of implementation and further on.
4. Review Old Procedures
The main reason for changing software packages is to increase productivity and profitability. In order to increase this, it is important to review old procedures in order to make the necessary adjustments. Spend the time up front to establish a more standardized structure for all of your jobs and overall operations within your company.
5. Review Outdated Information
Before switching over to your new software provider, review all of your records. By eliminating duplicate vendors, evaluating outstanding items and updating employee information – you can start with a clean set of data, which will help you when developing new procedures or tweaking existing ones.
6. Approach Implementation in Phases
Transitioning over to a new software package should be approached in phases, just like a job. Map out each phase along with your software provider and share this with your team leads. By approaching this in phases, it will keep your staff from feeling overwhelmed as you move throughout implementation because you are giving them time to learn the basics before adding more complex functionality.
7. Stay Positive and take Advantage!
Implementing new software can come with a bag of changing emotions – excitement, dread, frustration and impatience. Change can be difficult but remaining positive and taking advantage of the support your software provider is arming you with, will make all the difference! Keep an open line of communication between yourself and your team, as well as the software provider. Increase your knowledge base and overall efficiency by taking advantage of any additional resources, webinars and much more. Most importantly, take a hands on approach to training in order to utilize the software to is maximum ability.
Change is necessary for growth. Set expectations early on and approach the brand new implementation process with a solid strategy!
In a recently published article for Capterra, Content Marketing Analyst, Rachel Burger ranked Jonas Premier in the top 10 best constructions software packages for contract management. Citing Premiers unlimited document storage, ease of use and reputation for customer service excellence as defining features, Burger went on to explain that the criteria used in narrowing down her extensive list of candidates consisted of: Is the software industry-specific? Is it applicable for commercial construction? Are there contract management features, and ease of use.
As a provider of fully integrated Construction Project Management and Accounting Software, Jonas Premier offers cutting edge cloud based software for today’s contractors. With complete access to your data from the office, job site, and even the airport, you can make the right decisions for your business at all times. Good bye Citrix, good bye VPN, and welcome to safer, faster software.
Capterra is a website that offers unbiased third party software advice and reviews, you can check them out here.
Rachel Burger is a Content Marketing Analyst, and you can check out some of her writing here.