Unilateral Change

As a general rule, the Changes clause gives the government the unilateral right to order changes in certain listed contract provisions during the course of performance, in exchange for adjusting the contract price or delivery schedule. If the contracting officer issues a unilateral change order, the contractor must follow any directive to perform or risk termination for default. The contractor is also entitled to receive any compensation or time granted by the unilateral change without waiving his right to file a claim for additional compensation and time.

If the government requires your signature on the modification or change order form, it is bilateral, not unilateral, and may contain language which causes you to waive your right to further time or money. In this case, you should only sign the bilateral modification after including (or attaching) a reservation of rights to protect your interests.

Updated: July 24, 2018