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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.

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2015. Permissible Changes in Scope of Work for Construction Contracts. Washington, DC: The National Academies Press. https://doi.org/10.17226/22096.

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Publication Info

48 pages |  8.5 x 11 |  DOI: https://doi.org/10.17226/22096
Chapters skim
============== 1-1
Contents 2-2
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
Acknowledgments 46-46

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