White Paper

Constructive Change: A Claim by Any Other Name

 

Courts analyze a constructive change claim using two essential elements.

The constructive change doctrine is made up of two elements – the change element and the order element. To find the change element the actual performance to see whether it went beyond the minimum standards demanded by the terms of the contract must be examined. But, this is not the end of the matter. The order element also is a necessary ingredient in the constructive change concept.