48 C.F.R. § 52.243-5

52.243-5 Changes and Changed Conditions.

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As prescribed in 43.205(e), insert the following clause:

Changes and Changed Conditions (APR 1984)

(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract.

(b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work.

(c) If changes under paragraph (a) or conditions under paragraph (b) increase or decrease the cost of, or time required for performing the work, the Contracting Officer shall make an equitable adjustment (see paragraph (d)) upon submittal of a proposal for adjustment (hereafter referred to as proposal) by the Contractor before final payment under the contract.

(d) The Contracting Officer shall not make an equitable adjustment under paragraph (b) unless—

(1) The Contractor has submitted and the Contracting Officer has received the required written notice; or

(2) The Contracting Officer waives the requirement for the written notice.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.

(End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 60 FR 34761, July 3, 1995]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2014–2023 · leading case: Affiliated Constr. Grp., Inc. v. United States, 115 Fed. Cl. 607 (Fed. Cl. 2014).

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Affiliated Constr. Grp., Inc. v. United States, 115 Fed. Cl. 607 (Fed. Cl. 2014). “See also 48 C.F.R. § 52.243-5 (b)(d). 8 .Though the time to bring a new differing conditions claim before the contracting officer would have expired, see 41 U.”

Walsh Constr. Co. v. United States, 132 Fed. Cl. 282 (Fed. Cl. 2017). “48 C.F.R. § 52.243-5 . 4 . The My 19, 2016 Complaint and the February 13, 2017 Amended Complaint otherwise are identical.”

Walsh Constr. Co. (Fed. Cl. 2018). “48 C.F.R. § 52.243-5 . 25 The only material difference between the July 30, 2014 RCO and the March 19, 2015 RCO was the amount requested.”

Ags Contracting LLC v. Outside the Box LLC (M.D. Ga. 2023). “The “Changes and Changed Conditions” clause (“Changes Clause”) a flow down provision, which incorporates 48 C.F.R. § 52.243-5 , describes the procedures for submitting change orders for differing worksite conditions.”

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