A handshake in the driveway isn't a change order in California

Diane hired Marcus to build a new redwood deck. Marcus is a licensed contractor. They had a written contract, a price and a start date. So far, so good.

"While you're here..."

One morning, Marcus was unloading lumber in the driveway. Diane walked out with her coffee. She pointed at the side of the house. "While you're here, can you run it to the side gate?" "Sure, no problem," Marcus said. They shook hands.

No price. Nothing written down. Just a handshake.

Two more days of work

Marcus built the extra section. Measuring, cutting, screwing down boards. Two more days.

Then the bill came. Deck extension: $2,800.

"Twenty-eight hundred extra?" Diane said. "I thought that was included!" "You said go ahead," Marcus said. "In the driveway, remember?"

Who's right?

Honestly? Both of them think they are. Diane heard a favor. Marcus heard a job. And nothing on paper says which one it was.

What California law says

In California, Business and Professions Code section 7159 says every change to a home improvement contract must be:

• In writing
• Signed by both the homeowner and the contractor
• Done before the extra work starts

A "yes" in the driveway doesn't count. Not even an excited one. Texts and half-finished emails are a gray area at best.

Other states have their own rules. But writing it down first is smart everywhere.

What happens when you skip it

For the Pro:

• Marcus may still get paid a fair amount for the work. Courts don't always leave a contractor with nothing.
• But "maybe, if I fight for it" is very different from "signed, priced and owed."
• One is collecting. The other is going to court.

For the homeowner:

• Diane is stuck in a fight she never saw coming.
• The deck is beautiful.
• But every time she looks at it, she thinks about the bill.

The habit that protects you both

Before any extra work:

• Price it.
• Write it.
• Sign it. Both of you.
• Then start.

That's the whole rule. It just has to happen in that order. Every time. Even for the ones that feel small.

How PayBild builds this in

• On PayBild, extra work can't start until the price is written down and signed by both of you.
• It's not an extra step. It's the only way a change order can happen on PayBild.
• No driveway handshakes. No figuring out the price later.

See how change orders work on PayBild

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Sources: California Business and Professions Code section 7159. Marcus and Diane are made-up examples, based on real situations. General information, not legal advice.