Interim Directive - 796

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ConsensusDocs 796 is a unilateral subcontract change directive allowing Constructors to authorize work modifications when immediate action is needed and a formal change order is still under negotiation.

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Full Package, Sub Contracting Package

The ConsensusDocs 796 Subcontract Change Directive is a critical construction contract document that allows a Constructor—whether a general contractor, builder, design-builder, or construction manager—to unilaterally direct changes to the scope of a Subcontractor’s work. This form is particularly useful in situations where changes are necessary to keep the project moving forward, but a formal agreement on the adjustments to time or compensation has not yet been finalized through a standard Change Order.

Unlike the ConsensusDocs 795, which requires mutual agreement and signatures from both parties, the 796 form empowers Constructors to issue changes quickly when time is of the essence. This ensures there are no delays in project delivery due to pending negotiations on scope or pricing. However, the document assumes that all parties are acting in good faith and are actively negotiating the eventual Change Order that will confirm the final terms for the adjustment.

This document is used in scenarios such as unexpected design changes, client-driven revisions, or urgent site condition responses that require immediate action. The 796 directive helps maintain momentum while formal contract revisions are processed. It outlines the nature of the change, specifies the work to be performed, and triggers the Subcontractor’s obligation to proceed with the modifications under dispute-resolution-safe conditions.

By clearly documenting these directives, the ConsensusDocs 796 supports transparency, reduces the risk of litigation, and ensures proper tracking of changes throughout the project lifecycle. Additionally, it helps maintain contractual integrity by ensuring that all directives are part of the official project records.

ConsensusDocs 796 is ideal for projects where responsiveness, flexibility, and trust-based collaboration are essential to managing complex or fast-paced construction environments. It complements the 795 Change Order and is fully compatible with the ConsensusDocs subcontract agreements, making it a valuable tool for any construction team.

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I recommend ConsensusDocs to all NSA and ASM members, and to all project participants seeking a fair and balanced contract. ConsensusDocs contracts are the only industry-standard contracts drafted and vetted by representatives from all industry stakeholder groups. As such, you can be assured that the roles, responsibilities and liabilities have been allocated in the best interests of the project versus any one party. As with any contract, the parties will need to make project-specific changes to the contract, but ConsensusDocs provides a solid contractual foundation that helps save time and money. And, with ConsensusDocs’ focus on facilitating project success via direct communications, advanced conflict resolution processes and so much more, parties are empowered to spend their time and energy on building projects and relationships versus unproductive silos and fighting one another at every intersection.