Constructive changes frequently occur during the process of inspection. Four categories include:

1. Higher standard of performance. The government may impose a higher standard than is required by the contract’s express requirements such as an extra coat of paint, forced to adopt a different method to get an unreasonably smooth surface or inspectors requiring additional work to alter the quality beyond reasonable requirement of the specifications.

Improper rejection of work. Rejections of work that actually meet contract requirements or an order to correct "defects" later found to be based on an incorrect interpretation of the contract have been held to be constructive changes.

Interference with performance. Though FAR 52.246-2 permits inspection of contract work at any time, the government may not exercise it if it unduly interferes with efficient performance. Examples of decisions where a constructive change was ruled includes cases where (1) a major change in the inspection system slowed production (2) the inspection process generated greatly increased paperwork (3) government inspectors followed inconsistent standards and (4) the government performed inspections at a later time than called for in the contract, thereby increasing costs.

Excessive test requirements. Though the Courts have ruled the government may use any test it deems appropriate to ensure contract work meets requirements, the government is responsible for increased costs or delays for tests not specified in the contract, changes to specified tests or conducts erroneous tests that exceed contract requirements even when the tests were later shown to be necessary.

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