Which of these is considered a constructive change order?

A constructive change order refers to a situation where the contractor is directed to perform work that was not included in the original contract, often resulting from changes that are owner-directed or necessary modifications to the project as it progresses. In this case, owner-directed design changes fall under this category because they typically lead to adjustments in the scope of work, affecting the original contract. When an owner decides to modify the designs, it mandates the contractor to perform additional or revised work, establishing a basis for a change order.

Changes in equipment may or may not constitute a constructive change order, depending on whether it involves changes directed by the owner or if it was already implied within the scope of work. Vendor-related delays and environmental compliance delays are typically not considered constructive change orders since they often relate to external factors or compliance issues rather than changes to scope initiated by the owner. Consequently, owner-directed design changes clearly align with the definition of a constructive change order, as they are directly tied to modifications in the agreed-upon work that require formal recognition and compensation through change orders.