Can an Extra Work Agreement be e-signed?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and reliable record retention are present.

Do I need a notary or witnesses?

Most amendments do not require notarization or witnesses to be enforceable; however, state or contract-specific rules may require notarization for property transfers or recorded documents, so verify local requirements.

Who must sign the amendment?

Only persons with actual authority under the parties' corporate or contractual governance should sign. Include printed name and title to demonstrate signing authority and avoid later disputes.

How should I attach the amendment to the original contract?

Reference the base contract by title and date, include an identifying amendment number or change order, and store the executed amendment as an appendix to the original agreement in both paper and electronic contract repositories.

Can the amendment change the governing law or dispute forum?

Yes, but changing governing law or forum clauses may require specific consent and consideration; such changes should be explicit and reviewed by counsel to ensure enforceability.

How do I revoke or cancel an executed amendment?

Revocation or cancellation requires agreement of all parties. Follow any termination or rescission procedure stated in the amendment or base contract and document the revocation in writing and signed by authorized representatives.

Extra Work Agreement

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EXTRA WORK AGREEMENT

Parties and Recitals

This Extra Work Agreement ("Agreement") is made as of by and between:

Client Name:

Contractor Name:

WHEREAS, Client and Contractor entered into a written agreement titled dated (the "Original Agreement"); and

WHEREAS, the parties desire to define the scope, compensation, schedule and other terms applicable to certain additional work that is outside the Scope of Work under the Original Agreement (the "Extra Work").

Scope of Extra Work

The Contractor shall perform the Extra Work described below in a professional manner consistent with industry standards. The Extra Work includes any labor, materials, equipment, supervision and permits necessary to complete the tasks described.

Detailed Description of Extra Work

Commencement of Extra Work: Estimated Completion:

Payment Terms

Total Additional Compensation for the Extra Work shall be: $

Payment Schedule and Milestones

Deposit required prior to commencement (if any): $ Balance due within days of invoice.

Late Payment: Any undisputed past-due amount shall accrue interest at a rate of or a late fee of $ , whichever is greater, until paid in full.

Invoices: Contractor shall submit invoices in accordance with the Payment Schedule. Client shall pay undisputed invoices in accordance with the terms above. Disputes over invoiced amounts must be raised in writing within days of receipt.

Term and Termination

Term: This Agreement begins on and shall continue until the earlier of completion of the Extra Work or unless earlier terminated as provided below.

Termination for Convenience: Either party may terminate this Agreement for convenience upon written notice delivered at least days prior to the effective date of termination.

Termination for Cause: Either party may terminate immediately for material breach if the breaching party fails to cure such breach within a commercially reasonable period following written notice, provided that nonpayment of undisputed amounts is a material breach only after expiration of the cure period set forth above.

Effect of Termination: Upon termination, Contractor shall cease performance of Extra Work and Client shall pay Contractor for all Extra Work performed and reasonable demobilization costs incurred through the effective date of termination, subject to setoff for provable damages resulting from Contractor's breach.

Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party in connection with the Extra Work ("Confidential Information") and shall not disclose such information to any third party except to its employees, agents or subcontractors who have a need to know and who are bound to confidentiality obligations no less restrictive than those in this Agreement. Confidential Information does not include information which is: (a) or becomes publicly available through no breach hereof; (b) already known to the receiving party free of obligations of confidentiality; or (c) rightfully received from a third party without restriction.

The confidentiality obligations shall survive termination of this Agreement for a period of unless a longer period is required by applicable law.

Representations; Warranties; Compliance

Contractor represents and warrants that the Extra Work will be performed in a workmanlike manner, in compliance with applicable laws, codes and regulations, and consistent with the standards applicable to similar services. Client represents that it has authority to engage Contractor for the Extra Work and that performance will not violate any third-party agreement.

Indemnification and Limitation of Liability

Each party shall indemnify and hold harmless the other party from third-party claims arising out of the indemnifying party's negligent acts or willful misconduct in connection with the Extra Work. Except to the extent prohibited by law, neither party shall be liable for incidental, consequential, punitive or exemplary damages arising out of this Agreement.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved by the competent courts located in the forum specified by the governing law, unless the parties mutually agree in writing to binding arbitration.

Miscellaneous; Entire Agreement

This Agreement, together with the Original Agreement to the extent incorporated herein, constitutes the entire agreement between the parties with respect to the Extra Work and supersedes all prior and contemporaneous agreements and understandings relating to the subject matter hereof. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree that remedies at law for a breach of confidentiality or ownership provisions may be inadequate and that the non-breaching party shall be entitled to equitable relief in addition to any available remedies at law.

Client Printed Name:

By:

Date:

Contractor Printed Name:

By:

Date:

What an Extra Work Agreement Is and When It Applies

An Extra Work Agreement documents additions or changes to an existing contract when work, scope, timelines, or costs change after the original agreement was executed. It is typically an amendment or change order that defines the additional tasks, pricing or rates, schedule adjustments, and any impact on warranties or responsibilities. Properly drafted, signed, and attached to the base contract, an Extra Work Agreement creates an enforceable record of the parties' new obligations and avoids disputes about scope, payment, or delivery.

Why Use a Written Extra Work Agreement

A written Extra Work Agreement reduces ambiguity, records mutually agreed changes, and protects both parties by documenting scope, price, schedule, and acceptance criteria. It helps avoid claims, supports invoicing and lien rights, and clarifies who is responsible for additional approvals and inspections.

Who Typically Prepares and Signs This Document

Common users include contractors, subcontractors, project managers, property owners, facilities teams, and procurement officers who need to capture agreed changes to scope or schedule in writing.

General contractors and subcontractors who must document change orders, prices, and revised timelines for construction projects.
Project managers and owners who need formal approval of added scope, deliverable acceptance criteria, and milestone adjustments.
Procurement and vendor managers who require signed amendments before paying for additional services or materials.

Use by role depends on contract flow: originator drafts the amendment, and authorized signatories for each party execute it to make the change binding.

Core Sections Every Professional Extra Work Agreement Should Include

A clear Extra Work Agreement is concise but complete: identify parties and base contract, describe extra work, set price and payment terms, update schedule, include acceptance criteria, and confirm signatures. Each section should tie back to the original agreement by reference.

Parties

Full legal names of contracting parties and their roles; match names to the original contract to avoid ambiguity or enforceability issues.

Reference

Cite original contract title, date, and section being modified so the amendment is traceable and clearly attached to the base agreement.

Scope

Precise description of additional tasks, deliverables, materials, and limits; avoid vague language such as 'as needed' without measurable criteria.

Price

Firm dollar amounts, unit rates, or a not-to-exceed limit plus payment schedule, retainage, and any invoice documentation required for payment.

Schedule

New start and completion dates or milestone changes, plus any consequences for delay and related liquidated damages or extensions of time.

Acceptance

Inspection, testing, or sign-off criteria to confirm work completion and trigger payment or release of retainage.

Step-by-Step: How to Complete and Execute an Extra Work Agreement

Follow these steps to prepare, approve, and finalize an amendment while minimizing approval delays and legal risk.

01

Draft amendment: Describe scope, price, and schedule changes clearly.
02

Send for review: Circulate to stakeholders and legal counsel if required.
03

Obtain signatures: Collect authorized signatures from all parties.
04

Attach to contract: File the executed amendment with the base contract and distribute copies.

How to Configure an Online Workflow for Extra Work Agreements

Set up a simple digital workflow so drafts route automatically, require approvals, and capture an audit trail for each signature event.

Field	Configuration
Document template	Create reusable amendment template with merge fields
Approval order	Define sequential or parallel approvers for rapid review
Authentication	Require email or SMS code; use stronger ID for high-value changes
Audit logging	Capture IP, timestamp, and action history for each signer

Typical Routing and Submission Path for an Executed Amendment

An efficient routing sequence prevents missing signatures and ensures accounting and project teams receive executed copies promptly.

Originator: Uploads template and fills change details
Reviewer: Project lead or legal reviews and edits
Signers: Authorized parties sign electronically
Distribution: Executed copy sent to finance and project file

Digital Signing and Submission Considerations

Choose a platform that supports lawful eSignatures, preserves an audit trail, and integrates with your document repository and project systems.

File formats: PDF, DOCX, or flattened PDF
Authentication: Email, SMS code, or stronger methods
Audit trail: IP address and timestamps

Ensure the solution supports record retention requirements, provides tamper-evident signed files, and offers role-based access for project and accounting teams after signing.

Timing, Deadlines, and Processing Expectations

Track approval windows and payment triggers so additional work is scheduled and paid on time and to avoid disputes about timely notice or notice-of-change requirements.

Notice to Contractor:

Follow any contract notice periods for proposed changes to avoid rejection or delay

Approval turnaround:

Set internal review SLAs (for example, 3–7 business days) to prevent schedule slippage

Payment timing:

Tie payments to milestones or invoice terms in the amendment

Record retention:

Store executed amendment alongside original contract for audit purposes

Dispute window:

Note any contract-required notice periods to assert claims or request change orders

Key Milestones from Request to Payment

Use a milestone view to coordinate approvals, work start, inspections, and final payment so each stage triggers the next action without delay.

01

Request Submitted

Originator files change request and justification for added work

02

Approval Granted

Authorized signatories approve scope and price

03

Work Performed

Contractor completes added tasks per acceptance criteria

04

Final Payment

Finance processes payment after inspection and sign-off

Common Mistakes to Avoid When Preparing an Extra Work Agreement

Vague scope descriptions that leave room for differing interpretations and later disputes over what was included or excluded.
Failing to reference the original contract and section being amended, which creates uncertainty about which terms remain in force.
Not securing signatures from an authorized representative, resulting in a potential defense that the agreement is not binding.
Skipping acceptance criteria or inspection requirements, which can delay payment and cause disputed work quality claims.

Risks and Consequences of an Incorrect or Missing Amendment

Payment delay: Invoices may be withheld without an executed amendment

Scope disputes: Unclear scope can trigger claims and litigation

Contract breach: Performing unapproved work may violate the original contract

Lien risk: Failure to document changes can complicate lien claims

Audit issues: Missing records hamper financial or compliance audits

Liability exposure: Ambiguous warranties increase legal risk

Comparing eSignature Options for Executing Extra Work Agreements

Basic pricing and capability differences matter when choosing a platform to sign and store amendments; the table below summarizes starting price and core features for common providers.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Extra Work Agreements

Answers to common execution, enforceability, and practical questions when preparing, signing, and storing amendments to existing contracts.

Need help? Contact support

Can an Extra Work Agreement be e-signed?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and reliable record retention are present.
Do I need a notary or witnesses?
Most amendments do not require notarization or witnesses to be enforceable; however, state or contract-specific rules may require notarization for property transfers or recorded documents, so verify local requirements.
Who must sign the amendment?
Only persons with actual authority under the parties' corporate or contractual governance should sign. Include printed name and title to demonstrate signing authority and avoid later disputes.
How should I attach the amendment to the original contract?
Reference the base contract by title and date, include an identifying amendment number or change order, and store the executed amendment as an appendix to the original agreement in both paper and electronic contract repositories.
Can the amendment change the governing law or dispute forum?
Yes, but changing governing law or forum clauses may require specific consent and consideration; such changes should be explicit and reviewed by counsel to ensure enforceability.
How do I revoke or cancel an executed amendment?
Revocation or cancellation requires agreement of all parties. Follow any termination or rescission procedure stated in the amendment or base contract and document the revocation in writing and signed by authorized representatives.

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