FHWA Removes Mandatory Use of Form FHWA-1273 in Federal-Aid Highway Construction Contracts
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This rule removes the federal requirement to physically include Form FHWA-1273 in federal-aid highway construction contracts and related lower-tier subcontracts. The change takes effect on June 10, 2026, and applies to recipients, subrecipients, and contractors working on covered federal-aid highway projects, excluding Appalachian contracts. The underlying contract obligations are not being removed. If other laws or regulations require certain provisions, those provisions still must appear in the contract. Businesses and public agencies can keep using Form FHWA-1273 if it works for them, but they may also use other methods to include the required terms.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Removes and reserves 23 CFR Part 633.
- Ends the mandatory physical incorporation of Form FHWA-1273 in covered federal-aid highway construction contracts and lower-tier subcontracts.
- Keeps the underlying contract provisions required by other statutes or regulations in place.
Obligations
What this law requires
For federal-aid highway construction contracts and lower-tier subcontracts, recipients, subrecipients, and contractors must continue to include any contract provisions that are required by other applicable statutes or regulations, even though Form FHWA-1273 is no longer required as the mandatory mechanism.
Beginning June 10, 2026, covered entities are no longer required by 23 CFR part 633 to physically incorporate Form FHWA-1273 into federal-aid highway construction contracts or lower-tier subcontracts, but they must use another compliant method if required provisions apply.