Text-Message Change Order and a Missing Pre-Lien Notice
A Minnesota-licensed residential roofer signs a one-page proposal to replace a 24-square roof for $26,400 on a 1968 two-story colonial. The proposal lists the shingle brand, color, scope, price, and a 40% deposit, but it omits the license number, a right-to-cancel notice, and any subcontractor statement. The owner signs at the kitchen table. After tear-off, the crew finds 14 sheets of delaminated decking. The owner, at work, texts the project manager: 'Replace the bad decking; I’ll pay the extra.' The roofer installs 14 sheets at $95 per sheet plus $280 extra disposal and completes the roof. The owner now refuses the $1,610 extra, saying the contract is a fixed price and oral changes are invalid. The roofer has not served a pre-lien notice and has a final invoice due in 10 days.
1. Is the owner's text message an enforceable change order for the full $1,610? Analyze.
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Not automatically. The text authorizes replacing 'bad decking' but does not state the quantity, the $95 per-sheet price, or the $280 disposal charge. Under Minnesota home-improvement contract rules, changes over $1,000 should be in a signed writing that identifies the work and price; a text can be a writing, but it must show mutual assent to the essential terms. The owner likely agreed to some extra decking, so the roofer may recover the reasonable value of 14 sheets under quantum meruit or an oral modification, but the full $1,610 is disputed. Best practice: stop work, send a written change order with photos, quantity, unit price, and new total, and obtain the owner's signature or explicit text approval ('I approve 14 sheets at $95 plus $280 disposal'). Without that, the roofer's proof burden is high.
2. What contract omissions create legal exposure, and do they void the contract?
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The missing license number, right-to-cancel notice, and subcontractor statement are Minnesota home-improvement contract requirements. They do not automatically void the whole agreement, but they expose the roofer to DLI licensing discipline, consumer-protection claims, and possible rescission or fee penalties. The owner may have a statutory cancellation right if the notice was required and omitted. The roofer should not rely on the contract as flawless; preserve the signed proposal, provide the missing disclosures in writing now, and document that the owner was not misled. If the project is over the licensing threshold, the license number must appear; a contractor who fails to comply can lose leverage to collect.
3. What steps should the roofer take now to preserve lien rights and get paid?
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Serve the pre-lien notice immediately if the statutory window has not expired; late notice can defeat the lien. Send the owner a final invoice that separates the contract price from the change-order amount, attach the text and photos, and offer a short cure period. File a mechanic's lien statement within 120 days after the last work if unpaid, and record it with the county recorder. Also preserve contract and quantum meruit claims. Do not sign a release for the base contract until the change order is resolved. A demand letter that cites the written contract, the text authorization, and the lien deadline may prompt payment; mediation is cheaper than foreclosure.