A constructive change occurs when a contractor must perform work beyond contract requirements without a formal "order" to do so under the "Changes" clause. Such a change can include an informal order or direction of the government or by the fault of the government. The Court sustained the contractor’s contention that the Air Force had constructively changed the contract by providing vehicles at the start of contract performance that were in "woeful condition", requiring significant effort to bring them up to the condition the contract indicated it should have been in the first place (Tecom, Inc. v US, 66 Fed. Cl. 736).
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