A constructive change occurs when the contract work is actually changed but the procedures of the Changes clause have not been followed. That seems fairly straightforward, but the topic of constructive changes has been litigated in hundreds of cases at the boards of contract appeals and the U.S. Court of Federal Claims, and constructive changes still play a significant role in Government contracting. We will discuss the types of situations that result in constructive changes, the challenges in obtaining relief, and the best practices for minimizing financial exposure.

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Marci Lawson is a contract attorney practicing in the Washington, D.C. area with over seventeen years of legal experience—mostly specializing in all aspects of government contracting. In addition to her current position, Marci’s previous legal experiences include: Professor of Contract and Fiscal Law, U.S. Army Judge Advocate General’s School, Charlottesville, Virginia; Contract Attorney, Joint Contracting Command-Iraq/Afghanistan; Chief of Contract Law, Cannon Air Force Base, New Mexico and Little Rock Air Force Base, Arkansas; Deputy Staff Judge Advocate, Los Angeles Air Force Base, California; and Area Defense Counsel, Charleston Air Force Base, South Carolina. Marci recently retired from the Air Force as a Judge Advocate (attorney). Marci received her Bachelors of Arts degree from the Ohio State University, a law degree from the University of Toledo, and a Masters of Laws degree from the Army Judge Advocate General’s School with a specialty in procurement law.