The budget ran out mid-task: change orders, stops and what you keep

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Published 2026-10-26

Author: Talomnia team

When the money runs out halfway, someone must approve more or stop. How change orders work, who signs them, and what you pay for and keep if you say no.

When the budget runs out mid-task, one of two things should happen: the work stops, or the buyer approves more in writing before work continues. A good change order says what changes, what it costs and who signed it. If you say no, you normally pay for the finished part and keep it.

"Normally" matters. What you actually get depends on the terms you accepted, and the terms differ a lot. Below is what public contracts, help pages and AI agent docs say, checked on 22 October 2026. This is not legal advice; your contract and local law decide.

What actually happens the moment the money runs out?

Public pages describe two outcomes. In the first, the work or the payment is stopped. Devin's enterprise usage policies say "new work is blocked on all surfaces once the limit is reached"; these per-user ACU limits are in beta and have to be enabled for the enterprise. Devin's self-serve plans are softer: when the allowance is used up, on-demand credits "keep you working without interruption", and only "If you run out of credits, Automations stop running and Devin Review switches to its smart diff viewer." Hermes Agent (Nous Portal) documents a billing refusal, monthly_cap_exceeded, whose message reads "Monthly spend cap reached": the charge or top-up is refused once the monthly cap is hit.

In the second, the work goes on. Pulumi's professional services agreement covers both time-and-materials and fixed-fee work. For a time-and-materials SOW, where any amount "is solely a good-faith estimate", it says (§5.1): "If the estimated amount is expended, We will continue to provide Professional Services under the same rates and terms."

Which one you get was decided when you signed, not when the money ran out. The difference between a hard cap and an estimate is covered in budget cap vs estimate.

Who has to warn whom, and when?

Some written rules put the duty to warn on the contractor. The Russian Civil Code is one example. Under article 709, point 5, if extra work means the approximate price will be exceeded significantly, the contractor must warn the client about it in time (our translation of the code as published on consultant.ru, checked 22 October 2026). A client who doesn't agree may walk away from the contract and pay for the part already done. A contractor who didn't warn in time must finish the job at the price in the contract.

Commercial terms are often softer. Pulumi's agreement only promises to "periodically update You on the status of the Professional Services and the fees accrued under SOWs or Order Forms."

The practical point holds under any law: a warning before the limit is worth more than a report after it. A warning leaves you a choice; a report leaves you a bill.

What is a change order, and who signs it?

A change order is a written change to scope, price or deadline, usually agreed before the extra work starts. Two examples follow that pattern, and one shows the exception.

Pulumi (B2B services). Changes need "a written Change Order signed by the parties prior to implementation of the changes", including "corresponding changes to the estimated fees and schedule".
Upwork (fixed price). In a feature Upwork says "is being tested and is not available to everyone yet", the client edits an active milestone and selects "Send for approval". "The freelancer can approve or reject the request." If you raised the amount, "you may need to add funds". An unanswered request "expires after seven days". On hourly contracts, when the client changes the weekly limit, "the freelancer will be prompted to review and accept the update".
US federal contracts (FAR 52.243-1). The Contracting Officer may make changes "within the general scope of this contract" "by written order", then makes an "equitable adjustment" to the price, the schedule or both. The contractor "must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order."

Pulumi needs a written Change Order signed by both sides before the extra work. On Upwork, an active milestone change needs the freelancer’s approval; if the client raises the weekly hour limit, “the higher limit takes effect right away,” and “the freelancer will be prompted to review and accept the update.” The federal clause works the other way round: "nothing in this clause shall excuse the Contractor from proceeding with the contract as changed", and if the sides can't agree on the adjustment, it becomes a dispute. In informal business English, a change request is what one side asks for, a change order is what both sides agreed and signed, and an amendment changes the contract itself.

Approve more, or stop: how do you decide?

Devin's enterprise usage policies are a worked example of a human decision. A member who hits the limit presses "Request more", picks an amount and can add a reason. Depending on the policy an admin sets, every request waits for admin review, requests are auto-approved up to a maximum auto-approve allocation, or they are auto-approved up to that ceiling only while the member's efficiency score is Healthy or Satisfactory. The docs say denying "is always an admin decision". Requested increases "are always temporary" and apply to the current billing cycle only.

Upwork's hourly contracts show the other side. "Only hours logged within the weekly limit are billable", unless you are enrolled in Upwork Payroll. "If you do wish to pay the freelancer for extra hours, you can give them a bonus." Extra time is your choice, not your obligation.

Before you say yes, ask three things:

What is finished and usable right now?
What is left, and how sure is the estimate for it?
What exactly will the extra money buy?

What happens to the work already done if you say no?

This is the line to get in writing before you start. The table shows how differently it is written, as of 22 October 2026.

Who	If you stop or refuse more money, you pay for	You get back	Source wording
Russian Civil Code (default rule for contract work)	The finished part, pro rata to the price, plus the contractor's losses up to the unpaid remainder (art. 717); after refusing a significant overrun, the price of the finished part (art. 709 p. 5)	Not addressed in art. 717	Art. 717: pro rata to the work done before the client's notice (our summary; text checked on consultant.ru, 22 October 2026)
US federal contracts (FAR 52.249-2)	Accepted completed work at contract price, plus costs on the terminated part	Settled by proposal, not stated as a refund	"contract price for completed supplies or services accepted"
Pulumi (B2B services)	Unpaid fees and expenses incurred up to the termination date	Prepaid fees for services not yet received, only if you terminate for cause; refusing more money is not that case	"incurred on or before the termination date"
Contra (standard agreement, invoice-billed hourly or fixed-rate projects)	Hours worked up to the End Project or Dispute Project notice (§9.5; not the one-time fixed amount option)	In a termination-for-breach dispute, a resolution "might include … full or partial reimbursement" (§9.2)	"any hours worked up until the End Project or Dispute Project notice"
Upwork (hourly)	Hours within the weekly limit	Nothing to refund: extra hours were never billed	"Only hours logged within the weekly limit are billable"
Finch (agent tasks, escrow)	Released only on verified delivery	Escrow, under the task's timeout and dispute rules	"funds may be refunded to the Requester"
Devin enterprise (per-user ACU limits, beta)	Usage so far; new work is blocked at the cap	See the next row	"new work is blocked on all surfaces once the limit is reached"
Cognition terms for Devin (usage billing)	Recurring or usage-based fees as charged	Only cases the terms or law provide	"Except as expressly provided in these Terms or where required by law, all payments are non-refundable."

Read the last two rows carefully. With usage billing you pay for what was consumed, whether or not the result is finished. Refund cases at Devin are covered in acceptance and refunds at Devin, Hermes and dealwork.

What if the real problem is that the scope changed?

Sometimes the money ran out because the job grew. That is scope creep: new requirements added after work started, without a new price.

Finch, a market for agent tasks, forbids it in its task rules: "Do not add criteria only after participants have started work." Contra's standard fixed-price agreement separates fixes from new work. Revisions are limited to the deliverable description, and "If Client requests changes outside that scope, additional fees can be negotiated."

The rule is the same as for acceptance criteria: changing what counts as done is a new version of the job, with its own budget. See acceptance criteria before you start.

Six questions to ask before you approve more money

Did they warn me before the money ran out, or only after?
What exactly is done, what is left, and what will the extra money buy?
Is this extra work, or the original job taking longer than planned?
Is the change written down with scope, price and deadline, and approved by me before work continues?
Is the increase for this task only, or does it raise the limit for everything?
If I say no, what do I pay for, what do I keep, and what comes back?

To see how we set up an order, read how Talomnia works.

Sources

Questions

What is a change order?

A written agreement to change the scope, price or deadline of work already under way, approved by both sides before the extra work starts.

Do I have to pay if the contractor goes over budget without asking?

It depends on the contract. Some rules say no: on Upwork hourly contracts, hours above the weekly limit are not billed (unless you use Upwork Payroll), and under the Russian Civil Code a contractor who didn't warn in time about a significant overrun must finish at the agreed price.

What happens to finished work if I don't approve more money?

Usually you pay for the finished part and keep it, but some services bill all usage with no refund. Check the terms before you start.

What is the difference between a change order and scope creep?

A change order is an agreed, written change with its own price; scope creep is the same change made without agreement, so nobody approved the cost.