What term is used when a contractor cannot perform due to unforeseen conditions?

The term "Constructive Change" is used to describe a situation when a contractor is unable to perform their work due to unforeseen conditions that were not anticipated in the original scope of work. This concept acknowledges that some changes may occur within a project that are not formally documented through typical change orders yet still impact the contractor's ability to complete the work as initially planned.

Constructive change essentially provides a framework for addressing these unforeseen conditions, allowing the contractor to seek an adjustment in either the contract terms or compensation. It recognizes the reality that, during construction projects, unforeseen issues such as unexpected site conditions, weather impacts, or regulatory changes can affect the originally agreed-upon deliverables. In these instances, the contractor has the right to request adjustments to their schedule or payment based on the new circumstances, ensuring that they are not penalized for circumstances beyond their control.

The other options, while they may relate to change or work orders in construction contracts, do not specifically capture the essence of handling unforeseen conditions in the way that constructive change does.