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Davis-Bacon: When Construction Change Orders Require New Wage Determinations

Updated: Aug 6

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🧱 Davis-Bacon Alert: When Construction Change Orders Require New Wage Determinations


Not every construction change order means a new wage determination. Under the 2023 Davis-Bacon Final Rule, changes in the scope of work can require a fresh wage determination—while incidental changes or time extensions may not. This quick guide breaks down what triggers the update, what doesn’t, and how agencies can stay compliant.


📘 Regulatory Basis

This requirement is formally codified in both the 2023 Davis-Bacon Final Rule and the updated 29 CFR § 1.6(f)(1) — 29 CFR § 1.6 | Federal Register – 2023 Final Rule


📌 What Agencies Need to Know

✅ A new wage determination is required when:

  • The change adds substantial construction, alteration, or repair work outside the original scope, including new labor classifications

  • The contractor must perform work during an additional time period not originally obligated

  • No new wage determination is required when the contractor is simply granted extra time to complete the original commitment and when added work is incidental and doesn’t introduce new labor classifications


🛠 Example Scenario

Here’s an example of when a change order does require a new wage determination.


A public housing agency originally contracted for roof replacement. A later change order adds HVAC installation to the scope—bringing in new classifications and substantial new work. That change requires a new wage determination issued at the time of modification, as mandated under § 1.6(f)(1).


If you have questions about what's to be included in bid packages and construction contract documents, please contact our Davis-Bacon consultants:


You can also reach either of them by phone at 985-900-2320.


Learn more about ARTOVIA’s Davis-Bacon Compliance services and expertise on our Davis-Bacon Compliance page.

 
 
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