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.  

Agenda

Faculty

Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm.
  • Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Worked for an ENR® top 50 general contractor
  • Drafted form construction contracts for the Associated Owners and Developers, a national association
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer on construction law
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
  • Contact information [email protected], [email protected], and (404) 815-3711

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