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Verify decision-making authority from the executed contract and any written delegation—not from a person’s title, confidence, or presence on site. Find the named owner representative or contracting officer, check exactly which functions that person may perform and any limits, and get unclear or changed authority confirmed in writing. For work that could change scope, price, time, or contract requirements, follow the contract’s written approval process before proceeding.
Start with the contract, not the job title
A person may be allowed to inspect work, point out a defect, or relay information without being allowed to change the contract. Site access and senior-sounding titles do not, by themselves, establish authority to bind the owner or approve extra work.
The controlling answer for a particular job is in its executed contract, amendments, valid written delegations, and applicable law. Public-project rules illustrate how authority can be allocated, but they are not universal rules for private construction.
How to verify a person’s authority
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Collect the current governing documents
Review the executed prime contract or subcontract, general and supplementary conditions, scope and exhibits, incorporated specifications, change and notice clauses, and all amendments. Confirm that you have the current versions. An email or meeting note may record a decision, but it does not automatically amend the contract or satisfy its change procedure.
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For example, Oregon’s General Conditions distinguish written direction from oral conversations and describe a written-request process for seeking added cost or time in the circumstances covered by those conditions. Those conditions are dated January 1, 2012; check whether the project incorporates them before relying on them: Oregon DAS General Conditions.
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Trace the delegation chain
Identify the official who can bind the owner or public agency, the named owner’s representative, architect or engineer, and any project manager or resident engineer. Then determine who appointed each person and what authority was delegated. If you do not have the written designation, ask the owner or contracting officer for it.
For federal contracts using FAR clause 552.236-70, the contracting officer has power to bind the government except where authorized representatives are designated or additional authority is vested. GSA’s acquisition regulation also requires the contractor to be told the name of a contracting officer’s representative or technical representative and the functions delegated to that person: FAR 552.236-70 and GSAM Part 542.
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For Virginia state public construction, the Department of General Services manual says the project manager’s authority is limited to what the owner authorizes. It also says the owner should give the contractor and architect/engineer written information defining those limits: Virginia Construction and Professional Services Manual.
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Verify the function and its limits
Ask “authorized to do what?” rather than simply “is this person authorized?” Check each relevant function separately:
- Answering field questions or interpreting an existing requirement
- Inspecting, rejecting, or accepting work
- Directing sequencing or addressing safety and access
- Approving a substitution or design detail
- Authorizing extra work or changing scope
- Changing contract price or time
- Approving payment or certifying completion
- Suspending work or issuing an emergency direction
Also check limits: dollar caps, permitted change types, required concurrence, approval tiers, or a requirement for higher-level approval. GSA’s rule generally bars a COR/COTR from modifying a contract or performing functions reserved to a contracting officer, while allowing a specific possible delegation for certain in-scope construction change orders. That exception is a reason to inspect the actual delegation, not assume broad authority.
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The cited GSA rule describes a possible delegation for in-scope construction change orders not exceeding $25,000; this is a federal, rule-specific threshold, not a universal limit: GSAM Part 542.
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Confirm potentially changed work in the required form
If an instruction may alter scope, design, price, time, or another contract requirement, request the change order or written authorization required by the contract from someone whose delegation covers that decision. If told “start now; paperwork later,” ask for the required written authorization to proceed, specifying the work covered and any stated value, payment method, duration, and time adjustment.
Caltrans describes an authorization-to-proceed procedure for specified public-road contract circumstances and says it should be used only for extenuating circumstances. That is an agency-specific procedure, not a general rule for private jobs: Caltrans Construction Manual, Section 5-1. Oregon’s cited conditions say the contractor should not proceed without written direction from the authorized owner’s representative or architect/engineer, where those conditions apply: Oregon DAS General Conditions.
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If the instruction appears unauthorized, conflicts with the contract, or requests unsafe or noncompliant work, pause the affected changed work when the contract and safety conditions permit. Promptly refer the issue to the named authorized person and follow the applicable notice, emergency, and escalation rules. The right response depends on the job’s contract, safety conditions, and jurisdiction.
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Record the decision and follow notice rules
At startup, establish a current contact and authority list with names, roles, contact methods, decision types, limits, backup approvers, and escalation contacts. Update it when people or delegations change. For each material instruction, record who issued it, when it arrived, what it changes, the written basis of authority, your clarification request, and the response.
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Special offer. See more information about Outbyte and uninstall instructions. Please review EULA and Privacy policy.Send written notice of anticipated time or cost effects promptly, using the delivery method and deadlines in the contract. Oregon’s linked conditions, for example, set a 30-day outer limit for a described written request following certain clarifications or instructions; do not apply that period to another contract unless its terms say so: Oregon DAS General Conditions. Caltrans directs its personnel to record specified authorization details—including the date, time, and name of the person granting authority—in the resident engineer’s daily report: Caltrans Construction Manual, Section 5-1.
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What to do when people give conflicting directions
Compare the competing instructions against the same five checks rather than choosing the person with the higher title:
- Source: Does the contract appoint the person or does a written delegation grant the authority?
- Function: Is the person authorized for this specific matter—such as inspection, interpretation, change approval, payment, or safety?
- Limits: Are scope, dollar amount, duration, or concurrence restrictions satisfied?
- Form: Does the contract require a signed change, written direction, or formal notice?
- Escalation: Who is the next authorized approver, and what notice deadline applies?
Send a concise written request to the named authorized contact identifying the conflicting directions and asking which instruction controls. Preserve both instructions and the response in the project record. Do not treat a verbal assurance as approval where the contract requires written authorization.
Keep the authority record usable
A project contact sheet or daily log can help capture names, times, instructions, clarification requests, and responses. It is only a recordkeeping aid: it does not establish that someone had authority, amend the contract, or satisfy notice requirements unless the contract’s required form and delivery rules are followed.
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Know which public-project examples apply
The cited materials address different settings: federal contracting, Virginia state construction, Oregon general conditions, and Caltrans public-road contracts. Caltrans approval tiers—including a threshold involving change orders with an absolute value exceeding $500,000—are tied to its own procedures and delegations; they do not set limits for other owners’ projects. Boston’s instructions for licensed builders likewise apply to a local process for covered permitted projects, not to authority on every job: Boston: How to change contractor or builder.
For a private project, begin with the signed documents and any valid delegations, then check applicable state and local law. Do not carry a public agency’s approval threshold or workflow over to a private contract without a basis in that contract or law.
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