Certified Professional Public Buyer (CPPB) Practice Test

What can cause a constructive change in a contract?

1. Changed payment terms

2. Failure to cooperate

3. Changing project location

4. Unexpected weather conditions

The correct answer is: Failure to cooperate

A constructive change in a contract occurs when one party to the contract alters the terms or conditions, often without formally modifying the contract, leading the other party to perform differently than originally agreed upon. This can happen due to various reasons, but a key factor is the actions or inactions of one party that affect the obligations of the other party. Failure to cooperate falls under this definition, as it can lead to circumstances where one party is compelled to adjust the execution of the contract due to the lack of support or assistance from the other party. Such an absence of collaboration can create a scenario where delays or additional costs occur, effectively resulting in a change to the contract’s operational terms. In contrast, the other options listed either do not unilaterally affect the contract performance in a constructive manner or imply a more formal change rather than a constructive one. Changed payment terms would generally require mutual agreement rather than represent a constructive alteration. Changing the project location might entail a formal amendment to the contract, rather than being the essence of constructive change, while unexpected weather conditions usually fall under force majeure clauses rather than leading to a constructive change.