The claim asserts that the aggregate effect of numerous changes exceeded the sum of their individually negotiated costs. It addresses disruption not captured when each change was priced.
Change order releases may bar the claim.
Alternative Names:
Cumulative Impact|Ripple Effect Claim
Why it Matters?
Broad release language in individual change orders is what defeats these claims, since a contractor that signed changes releasing all time and impact claims has waived the cumulative argument. Reserving cumulative impact rights in each change order execution is the preservation step, and it must be done contemporaneously rather than raised at the end. Establishing that impacts were unforeseeable when each change was priced is the substantive requirement.
Frequently Confused with
Related terms
Frequently asked questions
What defeats cumulative impact claims?
What preserves the claim?
