TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 67: Permissible Changes in Scope of Work for Construction Projects explores whether there are statutory, procedural, or legal tests to determine when the issuance of a contract modification is permissible. This digest will cover the following topics: the policy issues underlying restrictions on contract modifications; state and federal statutes and regulations affecting contract modifications; case-law defining tests and examples of where contract modifications triggered competitive bidding requirements; the importance of including contract modification provisions in construction contracts; and case studies of how representative state departments of transportation determine the permissibility and scope of contract modifications versus competitive bidding.
Table of Contents
|II. Competitive Bidding Basics||3-3|
|III. Exceptions To Competitive Bidding||4-4|
|IV. Contract Modification Basics||5-7|
|V. Federal Requirements||8-8|
|VI. Representative State Requirements on Contract Modifications||9-10|
|VII. General Conclusions||11-11|
|VIII. Selected Case Studies||12-26|
|Appendix A Summary Of Survey Responses||27-30|
|Appendix B Summary Of State Transportation Approaches To Contract Modifications||31-45|
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