What to Do When You Disagree with Your Contractor About the Scope

When You and Your Contractor See Things Differently

You thought the kitchen remodel included replacing the flooring in the adjacent hallway. Your contractor says the hallway was never part of the deal. You remember discussing it during the initial walkthrough. He says it was mentioned as a possibility but never added to the contract. Now the project is halfway done, and you are both frustrated.

Scope disputes are one of the most common conflicts in residential construction. They create tension, delay the project, and can escalate into costly legal battles if not handled well. The good news is that most scope disagreements can be resolved through clear communication, honest contract review, and a willingness to find a fair resolution.

How Scope Disputes Happen

Understanding the common causes helps you see the path to resolution more clearly.

Vague Contract Language

This is the number one cause of scope disputes. A contract that says “kitchen remodel” without specifying exactly what is included leaves enormous room for interpretation. Does “kitchen remodel” include the backsplash? The pantry? The ceiling? Painting the adjacent room? Without explicit detail, both parties can have genuinely different understandings of what was agreed upon.

Verbal Agreements

Conversations during walkthroughs, design meetings, and phone calls often include discussions about features, upgrades, and possibilities. When these discussions are not documented in writing, they become a “he said, she said” situation. The homeowner remembers a verbal commitment. The contractor remembers an idea that was discussed but never approved.

Assumptions About “Standard” Inclusions

Homeowners and contractors sometimes have different assumptions about what is included by default. For example, a homeowner might assume that a bathroom remodel includes replacing the exhaust fan, while the contractor considers that an optional add-on. Or the contractor might assume the homeowner will handle their own demolition and debris removal, while the homeowner expects it to be included.

Scope Expansion Over Time

Projects evolve during the design process, and the scope can gradually expand through a series of small additions. If the contract is not updated to reflect these additions, the contractor may not have priced them into the project, leading to a dispute about whether they were “included” or “extra.”

Inconsistencies Between Documents

On larger projects, there may be multiple documents: a proposal, a contract, architectural drawings, a scope of work, and email correspondence. If these documents contain conflicting information, a dispute can arise about which document controls.

What to Do: Step by Step

Step 1: Review the Written Contract

Before any conversation with your contractor, go back to the written contract and scope of work. Read every relevant section carefully. Look for:

• The specific work described and any detailed line items
• Exclusions listed explicitly (what is NOT included)
• References to drawings or specifications that further define the scope
• The change order process and how additions are handled
• Any amendments or addenda signed after the original contract

If the disputed item is clearly addressed in the contract, the answer is straightforward. If the language is ambiguous or silent on the issue, the dispute requires negotiation.

Step 2: Gather Your Documentation

Collect everything that relates to the disputed item:

• The original proposal or estimate
• The signed contract and scope of work
• Architectural plans and specifications
• Email correspondence discussing the item
• Text messages or written notes from meetings
• Change orders signed during the project
• Photos of the work in question

This documentation will form the basis of your position, whether you resolve the dispute through direct conversation, mediation, or legal action.

Step 3: Communicate Professionally

Request a meeting with your contractor to discuss the disagreement. Approach the conversation with the goal of finding a fair resolution, not winning an argument. Here is a framework:

1. State the issue clearly. “I understood that the hallway flooring was included in the project scope. You are saying it was not. I want to review the contract together and find a fair resolution.”
2. Reference the contract. Point to specific language that supports your understanding. If the contract is ambiguous, acknowledge that honestly.
3. Listen to the contractor’s perspective. There may be a legitimate reason the item was not priced into the project, even if you expected it to be.
4. Propose a resolution. This might include splitting the cost, trading one feature for another, or adjusting the scope elsewhere to accommodate the disputed item.

Put the outcome in writing regardless of what you agree upon. A brief email summarizing the resolution and next steps protects both parties.

We are not attorneys. Consult a licensed attorney for legal guidance specific to your situation.

Step 4: Escalate Through Proper Channels (If Needed)

If direct conversation does not resolve the dispute, you have several options:

CSLB Mediation. The California Contractors State License Board offers complaint investigation and mediation for disputes between homeowners and licensed contractors. File a complaint at cslb.ca.gov or call 800-321-CSLB (2752). This is a free service that can be effective for resolving scope disagreements without legal fees.

Private Mediation. A professional mediator (typically a construction attorney or retired judge) facilitates a structured negotiation between both parties. Mediation costs are shared and typically run $500-$2,000 for a half-day session. Most construction contracts include a mediation clause as a required step before arbitration or litigation.

Arbitration. Many construction contracts require arbitration rather than court litigation. An arbitrator reviews the evidence and makes a binding decision. Arbitration is faster and less expensive than litigation but still involves legal representation costs.

Small Claims Court. For disputes under $12,500 (the current California small claims limit), you can file a claim without an attorney. This is a cost-effective option for smaller scope disagreements.

Civil Litigation. For larger disputes, a construction attorney can file a civil lawsuit. This is the most expensive and time-consuming option and should be a last resort.

Step 5: Keep the Project Moving

If the disputed item represents a small portion of the overall project, consider resolving it separately while allowing the undisputed work to continue. Stopping the entire project over a single disagreement is usually more costly than reaching a compromise and maintaining momentum.

How to Prevent Scope Disputes

Prevention is always less expensive than resolution. Here are the most effective strategies.

Demand a Detailed Scope of Work

Before signing any contract, insist on a written scope of work that specifies:

• Every room and area included in the project
• Specific materials, brands, and model numbers for all major items
• A clear list of what is excluded
• Who is responsible for demolition, cleanup, debris removal, and final cleaning
• Whether fixtures, appliances, and accessories are included or owner-supplied
• The level of finish expected (paint-ready, fully finished, etc.)

The scope of work should be detailed enough that a neutral third party could read it and understand exactly what is included without any additional context.

Document Everything in Writing

If something is discussed verbally, follow up with an email confirming the conversation. “Hi [contractor], following up on our conversation today: we agreed that the hallway flooring will be included in the project scope at no additional cost. Please confirm.” This simple habit eliminates the “he said, she said” problem.

Use the Change Order Process

Any addition or modification to the original scope should go through a formal change order process: written description, cost impact, timeline impact, and signatures from both parties. Never rely on a verbal “sure, we can add that” during construction.

Review the Contract Before Signing

Have the contract reviewed by someone who is not emotionally invested in the project. A friend with construction experience, a real estate attorney, or a construction consultant can identify vague language, missing provisions, and potential areas of disagreement before you are committed.

How Design-Build Prevents Scope Disputes

The design-build model is specifically designed to eliminate the ambiguity that causes scope disputes. At Custom Home Design and Build:

• The scope is defined during the design phase, not estimated at a walkthrough. Every detail is discussed, decided, and documented before construction begins.
• Material selections are finalized and specified with product names, model numbers, and finish options. There is no guesswork about what is included.
• Exclusions are listed explicitly, so both parties understand the boundaries of the project.
• Construction drawings serve as the visual scope, showing exactly what will be built, where, and how.
• The construction contract references the completed design, creating a direct link between what was designed and what will be built.
• One team handles both design and construction, eliminating the translation gap that creates scope confusion between architects and contractors.

This approach does not just reduce disputes. It builds a foundation of clarity and trust that makes the entire construction experience better for everyone involved.

Resolve the Disagreement, Protect the Relationship

Scope disputes are stressful, but they do not have to end the project or the working relationship. Start with the contract, communicate professionally, document everything, and seek mediation if needed. Most disputes can be resolved fairly when both parties approach the conversation with good faith and a willingness to find common ground.

If you want to avoid scope disputes from the start, a design-build approach with a detailed, finalized scope of work is your strongest protection.

Contact Custom Home Design and Build to learn how our two-phase process creates detailed project scopes that keep everyone aligned from design through completion.