§ 63G-6a-1207 — Certification of change order.

(1) Under a construction contract, a change order that increases the contract amount may not be made without prior written certification that the change order is within the determined project or contract budget by:

(1)(a) the fiscal officer of the entity responsible for funding the project or contract; or
(1)(b) the official responsible for monitoring and reporting upon the status of the costs of the total project or contract budget.
(2) If a change order will result in an increase in the total project or contract budget, the change order may not be made, unless:

(2)(a) sufficient funds are added to the project contract or budget; or
(2)(b) the scope of the project or contract is adjusted to permit the degree of completion feasible within the total project or contract budget as it existed before the change order under consideration.
(3) Notwithstanding any other provision of this section, it shall be presumed that this section has been complied with if the contractor reasonably relies on an executed change order.

Legislative History

Renumbered and Amended by Chapter 347, 2012 General Session