Constructive Change

Constructive Change

Constructive Change

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 asked questions

What is the recurring failure?

Which category is least recognized?