Doing Extra Work for Free? The Changes Clause and Getting Paid for It

Published 2026 | TIKC NewsWire

Federal contracts are not frozen in place. The government can direct you to change what you are doing within the general scope of the contract, and your contract has a Changes Clause that allows exactly that. The flip side is that when a change adds to your cost or time, you are entitled to an adjustment. The problem is that many contractors do the extra work, absorb the cost, and never ask to be paid, either because they did not realize a change happened or because they stayed quiet to keep the customer happy. That silence can cost you real money.

The two kinds of changes

There are two ways a change shows up. The obvious one is a formal, written change order from the contracting officer telling you to do something different. That one is easy to spot. The dangerous one is the constructive change: nobody issues a formal order, but the government does something, like adding a requirement, tightening an interpretation, or delaying your access, that effectively changes your work anyway. You feel the added cost even though no one called it a change. Both entitle you to an adjustment, but the constructive change is the one contractors miss.

Why contractors leave money on the table

Small contractors often eat the cost of changes for the wrong reasons. They want to look easy to work with. They assume asking for more money will hurt the relationship or future awards. Or they simply do not track the extra hours well enough to prove them. So they perform the added work, never request the adjustment, and quietly lose margin on the contract. The government is not obligated to volunteer money you did not ask for. The Changes Clause gives you the right to be paid, but you have to claim it.

Speak up, in writing, in time

The catch is timing. When a change adds cost or time, you generally need to notify the government and request an adjustment within the window your contract sets, not at the end of the job. Wait too long and you can lose the right to recover, even for work you clearly performed. And only the contracting officer can authorize a change. If someone else tells you to do extra work, that can be an unauthorized commitment you may not get paid for at all, so confirm who is actually directing the change.

What to do now

• Recognize a change when it happens. Watch for added requirements, new interpretations, or delays that quietly increase your work, not just formal change orders.
• Track the extra cost. Capture the added hours, materials, and time a change creates as it happens, not from memory later.
• Notify in writing, promptly. Tell the contracting officer about the impact and request an adjustment within your contract’s window.
• Confirm who is directing it. Make sure the person changing the work has the authority to bind the government.
• Do not just absorb it. Asking to be paid for a real change is normal business, not a threat to the relationship.

Flexibility is built into government contracts, and so is your right to be paid when the work grows. The contractors who lose margin are the ones who stay quiet and hope it balances out. Spot the change, document the cost, and request your adjustment in time, and the extra work becomes extra revenue instead of a gift you never meant to give. Brick by brick.

FAQ

What is the Changes Clause?

It is a standard contract clause that lets the government direct changes within the general scope of the work. When a change increases your cost or time, it also entitles you to an equitable adjustment to your price or schedule.

What is a constructive change?

It is a change that happens without a formal change order, when the government does something that effectively alters your work, like adding a requirement or delaying your access. It can entitle you to an adjustment just like a written change, but it is easy to miss.

Why might I lose the right to get paid?

Usually because of timing. If you do not notify the government and request an adjustment within the window your contract sets, you can forfeit recovery even for extra work you clearly performed.

Who can authorize a change?

Only the contracting officer can authorize a change that binds the government. If someone without that authority directs extra work, you may be facing an unauthorized commitment and may not be paid, so always confirm the source.

Sources

Federal Acquisition Regulation. (2026). 52.243-1, Changes — Fixed-Price, and related Changes clauses.

Federal Acquisition Regulation. (2026). Subpart 43.2, Change Orders.

This article is general information, not legal advice.