The doctrine holds that changes exceeding the general scope of the contract constitute a breach rather than a compensable change. The contractor may treat the contract as breached and recover accordingly.
Cumulative changes may collectively constitute one.
Alternative Names:
Cardinal Change Doctrine|Fundamental Alteration
Why it Matters?
Cumulative accumulation is how most cardinal change claims arise, since individually authorized changes may collectively transform the project into something the contractor never bid. That framing avoids the argument that each change was accepted under the changes clause. Success is uncommon because courts are reluctant to find that a changes clause was exceeded, but the claim provides leverage where the change volume is extreme.
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Related terms
Frequently asked questions
How do cardinal change claims usually arise?
Do these claims succeed often?
