Appropriations: Overview, definition, and example
What are appropriations?
Appropriations refer to the allocation of funds by a government, corporation, or other entity for a specific purpose. In legal and contractual terms, appropriations often relate to budgeted funds set aside for particular expenditures, such as government programs, capital investments, or contractual payments.
For example, a government agency may receive annual appropriations from Congress to fund public infrastructure projects, ensuring that money is legally designated for those specific purposes.
Why are appropriations important?
Appropriations are important because they ensure that funds are legally allocated and available for designated uses. They prevent unauthorized spending and help organizations maintain financial discipline.
For businesses and contractors working with government agencies, appropriations clauses in contracts clarify whether funding has been secured and what happens if appropriated funds become unavailable. This reduces financial uncertainty and protects both parties from funding-related disputes.
Understanding appropriations through an example
A defense contractor signs a contract with the U.S. government to manufacture equipment. The contract states that payments are subject to congressional appropriations, meaning the government can only pay the contractor if Congress approves the necessary funding. If funding is not appropriated, the contract may be suspended or terminated.
In another example, a state education department sets aside a budget for school renovations. A construction company is awarded a contract for the work, but the contract includes an appropriations clause stating that if the state legislature does not approve the funding, the agreement will be canceled without penalty to either party.
Example of an appropriations clause
Here’s how an appropriations clause might appear in a contract:
“The obligations of [Government Entity] under this Agreement are subject to the availability of appropriated funds. If sufficient funds are not appropriated for the continuation of this Agreement, the Agreement shall terminate without further obligation by either party.”
Conclusion
Appropriations define the legal allocation of funds for specific purposes, ensuring financial accountability and compliance. In contracts, appropriations clauses protect parties from financial risks by clarifying that obligations depend on available funding. By including an appropriations clause, businesses and government agencies can manage funding uncertainty and avoid disputes over financial commitments.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.