March 22, 2004

CUMULATIVE IMPACT AND CARDINAL CHANGES

By Thomas D. Czik, Esq.
Tunstead Schechter & Czik LLP

A contractor may be working on a project on which the owner makes continuous changes or so many changes that they ultimately impact the very essence of the contract. The contractor is then forced to perform more work than it expected or out-of-sequence or differently than it had planned. This is likely to result in the contractor performing its work less efficiently than it estimated. Can the contractor recover the costs resulting from this inefficiency against the owner? The answer may depend on whether the contractor can prove a claim for “cumulative impact”.

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