“Modification of public contracts during their implementation- The specific criteria that determine the permissible cases of modification of public contracts during their implementation”

The article deals with the current national and EU institutional framework governing the modification of public contracts during their execution, based on the principles of the transparency, the equal treatment, and the protection of the public interest. Contracts may be modified only in exceptional cases and only under the conditions expressly provided for by law or the contract, taking into account the nature of the public contract and the limited degree of contractual freedom.

The basic categories of permissible amendments are analyzed in accordance with Law 4412/2016, such as amendments based on review clauses, supplementary works, cases of unforeseeable circumstances, replacement of the contractor, non-substantial amendments, and minor amendments. At the same time, it is clarified that substantial amendments that alter the nature of the contract or affect its balance require a new competitive procedure.

The article offers a systematic approach to the legislative framework, highlighting the difficulties but also the scope for flexibility in the management of public contracts, within the limits of the legality and the competition.

You may read the full article in Greek language here