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.
National Academies of Sciences, Engineering, and Medicine. 2015. Permissible Changes in Scope of Work for Construction Contracts. Washington, DC: The National Academies Press.
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