Cardinal Change in Construction Contracts

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Case law defines a cardinal change as a change sought by the owner which is so excessive that it exceeds the original scope of the contract.  The seminal case on cardinal change is Saddler v. U.S., 287 F.2d 411 (Ct. Cl. 1961).  In Saddler, a construction contract between the contractor and the federal government required the contractor to build a levee embankment.  A change in the design by the owner required the contractor to double the embankment’s length and more than double the volume of fill required to complete the project.  The contractor filed suit against the owner claiming that the excessive changes demanded by the owner constituted a breach of the contract.  The court held in favor of the contractor and stated “that the nature of this particular contract was so changed by the added work… as to amount to a cardinal alteration falling outside the scope of the contract.”  Id. at 414-15.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278


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