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PRACTICE: Making changes to public contracts

01 September 2017  

Richard Hough examines the procurement law issues involved in changing a public contract

When a contract is drafted, the lawyers involved will do all that they can to ensure that the contract accurately reflects the agreed commercial arrangement as at the time of signing. However, what happens to the contract after it has been signed? Well, as lawyers, we hope (perhaps somewhat optimistically) that the operations manager will consult the carefully drafted contract on a daily basis making sure that the contractor complies with every provision. Often though, as the delivery of the works or services progresses, the contract is only referred to when some difficulty arises. So what happens when the main contractor comes to you and says that there has been a corporate restructure and the contract needs to be novated to another group company, or that it now has the ability to offer additional services which were not originally within scope and by providing these services it can achieve overall savings for the contracting authority?

Additional Info

  • Case(s) Referenced:

    Pressetext Nachrichtenagentur GmbH v Republik Österreich (Bund) & ors [2008] EUECJ C-454/06