I have the exact same problem. Oblivion is not running when I am using the const. set. I've never had that problem before, but with my recent hard drive failure, I've had to purchase a new hard drive, and formated it with Windows 7. I lost all of my old oblivion stuff, so I've re-installed, started a new game, re downloaded mods, construction set, and now all of a sudden I have the same message about being in use, or a master File, when I try to modify and save an existing esp. I tried deactivating the esp in mod manager and then opening construction set to make changes, but that makes no difference either.