“The contract between the parties provided for certain procedures to be followed if Plaintiff wanted to be paid for changed or additional work that was not initially required by the contract. These procedures are called “change-order requirements.” Plaintiff claims that Defendant required many changes and that the parties consistently ignored the contract’s change-order requirements. Therefore, Plaintiff claims that the contract was abandoned and that the change-order requirements no longer applied. To establish this claim, Plaintiff must prove the following: 1. That the parties through their conduct consistently disregarded the contract’s change-order requirements; and 2. That the scope of work under the original contract had been altered by the changes so much that the final project was significantly different from the original project.”
[CACI Jury Instructions [citations omitted]]
