When a contractor performs work that is not part of the written contract, even if the contract itself requires any changes to be in writing and signed by the party to be charged, it does not necessarily mean the contractor is out of luck when seeking payment for the additional work. If a contractor recommends additional work and the client verbally authorizes the contractor to perform the work, the legal principal of waiver by conduct may apply.
Under Arizona law, a party whose conduct is inconsistent with its own intent to assert a right, waives that right. American Continental Life v. Ranier Const. Co. Inc. In other words, if a property owner gives a contractor verbal authorization to complete additional work, the owner waives the requirement that any changes to the contract be in writing and, thus, cannot later claim the contractor is not entitled to payment for the additional work.
Whether you are a contractor or property owner, the Brei Law Firm can review your case to help determine your rights under current Arizona law. Our attorneys’ real-world experience has shown us the best ways to negotiate our clients’ interests. Our Tucson Law Firm can be reached at 520-297-4411.
Published in January 2026. Please note: this article is not intended to, nor does it, constitute legal advice, and is for informational purposes only. To obtain legal advice, please consult a qualified attorney.