Amendment of the Condition Suspending the Entry into Force of Public Contracts
Amendment of the Condition Suspending the Entry into Force of Public Contracts

Summary/Abstract: Among other legal bases, a modification of public contracts is possible if the modification is a so-called non-substantial modification. The law lays down the definition of a non-substantial modification. The present study seeks to answer the question of whether a non-substantial modification is the correct legal basis for a modification of a contractual term in a contract which suspends its entry into force. It may be necessary to agree with the position of the Authority/Arbitration Committee, which considers another legal basis (reference to unforeseeable circumstances) to be more appropriate, provided that the conditions for such a basis are met.

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