Section 10.11 Change of Plans

• Library: Eminent Domain 3rd Edition 2013

A change of plans in a construction project may give rise to a cause of action for additional compensation (1) where the circumstances are such that the change results in construction of some feature that would have caused some compensable damage not included in the original award; or (2) where the change results in elimination of some feature which, although itself noncompensable, was considered in mitigation of some compensable element of damage. The change may be part of the same project or a separate...