With a constructive change, it is imperative for the Contractor to inform the Owner that one contemplates that a change has taken place. This gives the Proprietor the opportunity to mitigate or address the state of affairs. The changes clause that is considered for the Federal Government is one of the few stipulations that explicitly address the constructive change concept. Nonetheless, the constructive change is commonly accepted by the courts and industry as a part of a Changes Clause, whether specified or not. The concept is supplementary supported by the implied contract obligations of the Proprietor not to interfere, deter or delay, with the Contractors performance. The appropriate language of the Federal Government’s Changes Clause, which
