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Understanding the Cardinal-Change Doctrine in Federal Contract Law
Definition & Meaning
The cardinal-change doctrine is a legal principle that allows a contractor to be released from their obligations under a contract when the government makes significant changes to that contract. Essentially, if a contractor asserts a cardinal change, they are claiming that the government has breached the contract by directing them to perform work that falls outside the original scope. This doctrine serves as a remedy for contractors who face unexpected demands that alter the fundamental nature of their agreement.
Table of content
Legal Use & context
This doctrine is primarily used in federal contract law, particularly in cases involving government contracts. It is relevant in civil law contexts where contractors engage in work for government entities. Contractors may utilize legal forms and templates from US Legal Forms to navigate claims related to cardinal changes, ensuring they have the necessary documentation to support their assertions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contractor is hired to build a bridge with specific design specifications. Midway through the project, the government requests a complete redesign to accommodate new traffic patterns. The contractor can assert a cardinal change due to the significant alteration in the project scope.
Example 2: A contractor is engaged to provide IT services for a government agency. If the agency suddenly requires the contractor to implement a new software system that was not part of the original agreement, this could be considered a cardinal change. (hypothetical example)
Relevant laws & statutes
One of the key cases related to the cardinal-change doctrine is Allied Materials & Equipment Co. v. United States, 215 Ct. Cl. 406 (1978), which established the framework for asserting cardinal changes in government contracts. Other relevant statutes may include the Federal Acquisition Regulation (FAR), which governs federal procurement processes.
Comparison with related terms
Term
Definition
Difference
Cardinal Change
A significant alteration in the contract scope.
Involves government-directed changes that breach the contract.
Minor Change
A small adjustment that does not significantly alter the contract.
Does not qualify for cardinal change protections.
Breach of Contract
Failure to fulfill contractual obligations.
Cardinal change is a specific type of breach related to scope changes.
Common misunderstandings
What to do if this term applies to you
If you believe a cardinal change has occurred in your contract, consider the following steps:
Document all communications and changes related to the contract.
Gather evidence that supports your claim of a cardinal change.
Consult with a legal professional to assess your situation and determine the best course of action.
Explore US Legal Forms for templates that may help you file a claim or document your assertion.
Find the legal form that fits your case
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Possible Remedies: Release from contract obligations, compensation for losses
Key takeaways
Frequently asked questions
A cardinal change is a significant alteration in the scope of work in a contract, typically initiated by the government, which can lead to a breach of contract claim.
You need to provide evidence of the changes made, including communications and documentation that demonstrate the alteration in scope.
While you can file a claim, consulting with a legal professional is advisable to ensure you have the necessary support and documentation.