4523. Contractor's Claim for Additional Compensation-- Abandonment of Contract Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The contract between the parties provided for certain procedures to be followed if [name of 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." [Name of plaintiff] claims that [name of defendant] required many changes and that the parties consistently ignored the contract's change-order requirements. Therefore, [name of plaintiff] claims that the contract was abandoned and that the change-order requirements no longer applied. To establish this claim, [name of plaintiff] must prove the following: 1. 2. That the parties through their conduct consistently disregarded the contract's change-order requirements; and 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. ________________________________________________________________________________ New December 2010