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Oct 06, 2026
Remodeling a historic property can present challenges that do not arise during a typical construction project. How historic design standards affect your construction contract, change orders, and liability can depend on the scope of the project, local requirements, and the responsibilities assigned to each party. Understanding these issues before work begins can help property owners and contractors avoid unexpected costs, delays, and disputes.
How Design Requirements Can Affect Your Construction Contract
Historic design standards establish guidelines for alterations to buildings, including requirements involving architectural features, materials, windows, doors, roofs, additions, and other exterior changes intended to preserve historic character.
Old Towne Orange is home to many historic homes and buildings that date to the 1880s, when the City of Orange had a population of just 866. In the years since, design standards have guided growth in the city, which now has more than 200 historic properties. Those properties are eligible to receive benefits through the city’s Mills Act program, which was established in 1998 to encourage preservation and rehabilitation of qualified historic properties.
When remodeling a historic property, city requirements can directly affect the scope, cost, and timeline established in a construction contract. Plans that appear straightforward may require modifications to comply with preservation standards or obtain necessary approvals.
To reduce the risk of preventable setbacks, contracts should clearly address who is responsible for securing permits and approvals, complying with applicable design requirements, and covering costs associated with required changes.
Property owners and contractors should also consider how unexpected preservation requirements will be handled. Clearly defining these responsibilities before work begins can reduce uncertainty if the project must be modified after the original contract is signed.
Managing Change Orders During a Historic Remodel
In 2024, the City of Orange issued 111 building permits that were expected to produce 274 housing units, and housing and commercial construction projects can involve change orders. Change orders can become particularly important during a historic remodel because unexpected conditions or preservation requirements may force contractors to modify the original scope of work.
A project could require different materials, construction methods, or design elements after work begins, potentially increasing costs or extending the completion timeline. Property owners and contractors should document proposed changes carefully, including the additional work, associated costs, and effects on project deadlines.
Clearly addressing how change orders must be authorized can reduce disagreements over whether additional work was approved and who is responsible for resulting expenses.
Who May Be Responsible When Design or Construction Problems Arise
Responsibility for design or construction problems can depend on what caused the issue and the obligations of each party. Architects or engineers may face claims involving accusations that they made errors in plans or specifications, while contractors may be responsible for problems tied to workmanship or failure to follow approved designs.
Property owners may also bear responsibility when their decisions or requested changes contribute to a problem. Determining responsibility can require a thorough review of construction contracts, plans, change orders, communications, and other project records. When multiple parties contributed to an issue, responsibility may be shared.
Why You Should Hire a Construction Contract Lawyer From Engels O’Brien
When disagreements tied to construction contracts or change orders escalate into serious disputes, the right strategy and support from an Old Towne construction contract attorney can make all the difference. California’s construction contract laws are complex, and the attorneys at Engels O’Brien provide efficient solutions.
A construction contract lawyer can:
- Review construction contracts and proposed change orders
- Identify potential breaches of contractual obligations
- Assess responsibility for disputed costs or additional work
- Negotiate with contractors, property owners, and other parties
- Represent your interests during arbitration or litigation
Our law firm was founded by an attorney who previously worked in construction. That background shapes how he approaches your construction contract case.
Because our Old Towne Orange construction contract attorney represents both sides of construction contract disputes, we understand the complexities of these cases.
FAQs
Who Is Ultimately Responsible for Design Errors on a Construction Project?
Who is ultimately responsible for design errors on a construction project depends on the source of the error and each party’s contractual responsibilities. Architects, engineers, contractors, property owners, or other professionals may bear responsibility depending on the circumstances. Contracts, project plans, communications, and applicable standards can help determine who may be liable for resulting losses.
Is Approval Required for Changes to an Approved Building Design?
Whether or not approval is required for changes to an approved building design depends on the nature and extent of the proposed changes and applicable local requirements. Significant modifications may require additional review or approval before work proceeds. Property owners and contractors should determine whether approval is necessary before implementing changes that depart from previously approved plans.
What Laws Govern the Design and Construction of Buildings?
Laws that govern the design and construction of buildings generally include ordinances governing zoning, land use, permitting, building standards, and historic preservation. State laws and building codes can also apply to construction projects. The specific requirements depend on the property, location, and type of work being performed, making it important to identify applicable rules before construction begins.
What Are Some Common Design Errors in Construction?
Common design errors in construction can include inaccurate plans, incorrect measurements, inadequate specifications, code compliance problems, and conflicts between architectural and engineering documents. Errors can result in delays, change orders, additional construction expenses, or disputes over responsibility. Identifying design problems early can give the parties more options for correcting them before costs increase.
Facing a Remodeling Dispute? Contact Engels O’Brien Today
When a remodeling project in Old Towne Orange leads to a legal dispute, experienced counsel can help you protect your property and financial interests. Our founding attorney spent 25 years working as a construction contractor before becoming an attorney, giving him valuable firsthand insight into construction projects and disputes. He has also been named a Rising Star by Super Lawyers. Past awards are not a guarantee of future outcomes.
Engels O’Brien provides focused legal support tailored to each client’s circumstances and goals. We always place the interests of our clients first. Contact Engels O’Brien today to schedule a consultation and discuss your construction law matter.
