A Contract Change Needs a Gate, Not a Quick Email

A change request is not a harmless admin task. It can alter what is being delivered, when it is due, what it costs and who carries the risk. Treat it casually and you lose control of the baseline.

For public contracts governed by the Procurement Act 2023, a modification must fit the statutory framework. The Cabinet Office guidance explains that a public contract may be modified only on an applicable permitted ground, where the change is not substantial, or under another stated route. If no route applies, a new procurement may be required. The detail and exceptions matter, so involve procurement or legal advisers before committing. Cabinet Office guidance on contract modifications

That is not a rule for every private-sector contract. It is a clear warning for public-sector teams: do not let an operational email become an unauthorised variation.

The change gate

Before anyone promises a date, price or scope, make the request pass five checks:

1. Define the delta. State what the signed baseline says and what the requester now wants. “A small adjustment” is not a definition.
2. Price the whole effect. Record fee, internal effort, dependencies, delivery dates, service levels and any risk transferred between the parties. Separate one-off cost from recurring cost.
3. Check the route and authority. Confirm the contractual mechanism, any public procurement requirements, delegated approval and notice obligations. Do not assume a change is permitted because both project leads agree.
4. Document the decision. Keep the rationale, approver, date, revised obligations and evidence of agreement in the contract record. Update the working baseline only after approval.
5. Test delivery against the change. Name the owner for each new obligation and track completion. A signed variation that nobody operationalises is still a control failure.

The commercial test

Ask one blunt question: does this change improve the outcome enough to justify its full cost and risk? If the answer is unclear, the decision is not ready. Send it back for evidence, options and an accountable owner.

A disciplined change process is not bureaucracy for its own sake. It protects margin, delivery credibility and the audit trail. The contract is the baseline. Any departure needs a decision, a reason and a record.

Source: Procurement Act 2023 guidance: Contract Modifications.