What Is A Constructive Change And How to Prove it?
Construction projects rarely go exactly as planned. While a well-organized and agreed upon scope of work can minimize the changes that take place, it can’t completely avoid them. While some changes won’t cause significant delay in a project, some do. When the owner requests changes that cause significant delays, it can be detrimental to the project and costly for the contractor. Protecting your interest is critical in this manner. Talking to a Sarasota construction lawyer cannot only give you peace of mind, but a clear course of action.
What Is A Constructive Change?
Not all changes are caused by an owner’s request. At times, an owner may create an environment that causes the need for work outside of a project’s scope to be done. A constructive change is an adjustment to a project's scope of work caused by the activity or inactivity of the project owner.
Constructive changes can be caused by:
- Misinterpretation of the contract.
- Faulty specifications.
- Failure to disclose critical information.
- Acceleration of project schedule.
- Interference with contractor’s work.
The onus is on the contractor to prove that the activity or inactivity of their client caused a constructive change. If proven, the constructive change entitles the contractor to be paid as if a specific directive for out of scope work had been issued to them.
How To Prove That A Constructive Change Took Place
Constructive changes can be difficult to prove because the client’s activity or inactivity has to be connected to a scope change. One of the Sarasota contractor lawyers at Cotney Attorneys & Consultants can be a big help in this matter. Here are a few tips that can also aid in this process:
- Understand the specifics of any “change” clauses in your contract.
- Make sure any change is confirmed in writing
- Prepare your case for mediation, arbitration, or litigation
To request a consultation with one of our experienced Sarasota construction lawyers, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.