                                 CODE OF VIRGINIA

MODIFICATION OF THE CONTRACT (§ 2.2-4309)

A. A public contract may include provisions for modification of the contract
during performance, but no fixed-price contract may be increased by more than
twenty-five percent of the amount of the contract or $50,000, whichever is
greater, without the advance written approval of the Governor or his designee,
in the case of state agencies, or the governing body, in the case of political
subdivisions. In no event may the amount of any contract, without adequate
consideration, be increased for any purpose, including, but not limited to,
relief of an offeror from the consequences of an error in its bid or offer.

B. Any public body may extend the term of an existing contract for services to
allow completion of any work undertaken but not completed during the original
term of the contract.

C. Nothing in this section shall prevent any public body from placing greater
restrictions on contract modifications.

D. The provisions of this section shall not limit the amount a party to a public
contract may claim or recover against a public body pursuant to &#xA7; 2.2-4363
or any other applicable statute or regulation. Modifications made by a political
subdivision that fail to comply with this section are voidable at the discretion
of the governing body, and the unauthorized approval of a modification cannot be
the basis of a contractual claim as set forth in &#xA7; 2.2-4363.

HISTORY: 1982, c. 647, §§ 11-45, 11-55; 1984, c. 764; 1985, c. 286; 1987, cc.
194, 248; 1989, c. 235; 1990, c. 395; 1991, c. 175; 1993, cc. 110, 505, 638,
971; 1996, cc. 145, 897, 902, 950, 1038; 1998, cc. 222, 619, 666, 697, 791;
1999, cc. 160, 194, 1021, 1024; 2000, cc. 242, 637, 664, 696, 927; 2001, c. 844;
2015, c. 569.