Constructive changes arise from defective specifications, over-inspection, misinterpretation of the contract, acceleration, and failure to cooperate. The contractor performs additional work without a written directive.
Notice requirements still apply.
Alternative Names:
Constructive Change Order|Implied Change
Why it Matters?
Notice is the recurring failure, since constructive change claims must satisfy the same notice provisions as directed changes and a contractor that absorbed the extra work without written notice loses the claim. Recognizing conduct as a constructive change in real time rather than at project close is what enables timely notice. Over-inspection requiring work beyond specification tolerances is the most common and least recognized category.
Frequently Confused with
Related terms
Frequently asked questions
What is the recurring failure?
Which category is least recognized?
