Change Clause

[subbby2005]

The ‘Changes Clause’ in a Government Contract allows changes to the Contract ‘within’ the Scope-of-the Contract. Such changes may be either bilateral or unilateral depending upon the circumstances. First, what do we mean by “within the Scope-of-the Contract?” When does a change constitute a ‘Cardinal Change’ and what do we mean by ‘Cardinal Change?’ If a Change is deemed a Cardinal Change, what must the government do to actually implement that change? Second, does a contract change instituted unilaterally have the same force and effect as a bilateral change? What happens if the Government issues a unilateral modification and the contractor refuses to perform the work claiming Cardinal Change?

[joel hoffman]

You are essentially asking for a dissertation on the legal ramifications of changes. I would highly suggest obtaining a copy of either "Government Contract Changes" By Prof. Ralph Nash or "Administration of Government Contracts" by Professors Nash and Cibinic (or by Nash and whoever his latest collaborator is). I found the latter at Amazon.com for as little as $68. The former seems to be more expensive.

I have versions of both books. I think that the amount of coverage of Changes in "Administration of Government Contracts" will answer your questions, plus it has a wealth of coverage of other contract formation and contract admin issues.