AN ANALYSIS OF THE STANDARD CHANGES CLAUSE

CHANGES AND DISPUTES CLAUSES ARE DISCUSSED. UNDER THE STANDARD DISPUTES CLAUSE, AN ADMINISTRATIVE PROCEDURE HAS DEVELOPED OVER A PERIOD OF 100 YEARS, FOR RESOLUTION OF DISPUTES BETWEEN THE GOVERNMENT AND ITS CONTRACTORS. THESE PROCEDURES DISPOSE OF ALMOST ALL CONTROVERSY WITHOUT EXPENSIVE AND TIME-CONSUMING LITIGATION. THE EVOLUTION OF THE CHANGES CLAUSE IS DISCUSSED BUT IT IS EMPHASIZED THAT THERE IS NO SINGLE STANDARD CHANGES CLAUSE. THE FOLLOWING TYPES OF CHANGES CLAUSES WITH CASES CITED ARE DISCUSSED: THE IMPLIED, OR CONSTRUCTIVE, OR NON-FORMAL CHANGE, DIFFERENCES BETWEEN THE SUPPLY AND CONSTRUCTION FORMS OF CHANGES CLAUSES, THE DEFINITION AND AUTHORITY OF THE CONTRACTING OFFICER, DETERMINATION OF WHETHER CHANGES ARE WITHIN THE GENERAL SCOPE OF THE CONTRACT, EFFORTS TO SECURE COMPENSATION FOR GOVERNMENT DELAYS UNDER THE CHANGES CLAUSE, TIME LIMITATIONS INHERENT IN THE CLAUSES, AND THE FUNDAMENTAL CONCEPT OF THE EQUITABLE ADJUSTMENT. LACK OF PRECISION IN THE WORDING OF THIS CLAUSE IF HIGHLIGHTED SINCE THIS IS REGARDED AS A VIRTUE, PROVIDING FLEXIBILITY WITHOUT WHICH THE CLAUSE COULD PROBABLY NOT AS EFFECTIVELY DISCHARGE ITS HEAVY RESPONSIBILITY. HOWEVER, A HIGHER DEGREE OF UNIFORMITY IN ITS APPLICATION COULD BE ACHIEVED BY IMPROVEMENTS IN ITS ARTICULATION.

• Supplemental Notes:
  • Vol 25, No 2, PP 177-194
• Authors:
  • Spector, L
• Publication Date: 1965

Media Info

• Serial:
  • Federal Bar Journal

Subject/Index Terms

• TRT Terms: Contracting; Contracts; Disputes; Laws; Standardization; Time
• Uncontrolled Terms: Change
• Old TRIS Terms: Just compensation; Time effects
• Subject Areas: Administration and Management; Highways; Law;

Filing Info

• Accession Number: 00238418
• Record Type: Publication
• Files: TRIS
• Created Date: Jan 16 1994 12:00AM