What implies a non -substantial modification of the contract?

Well, look, when we talk about a "non -substantial modification" in a public contract, we are basically saying that the original agreement can be touched without disassembling everything or making a change of 180 degrees. Nothing to turn the tortilla or put a hand to the economic balance of the contract, because there we do it. The grace is that any adjustment must be well justified and, above all, it cannot put the contractor in "Cheat Code" mode with advantages over the rest.

In Spain, with the famous LCSP (public sector contract law), the issue is quite tied. Changes yes, but only if they meet a few clear rules: you cannot touch the basis of the contract or rise more than 20% on the original price, and you can't even think of new conditions that would have let other bidders enter, because then it would be like changing the rules in the middle of the party. Nothing of the sort.

Another thing: it is not worth the change to benefit a company in front of the others, or open the door to new players who were not in the first round. It is about maintaining the competition clean, that no one can say that there was trap or cardboard. In the end, the idea is that everyone has the same opportunities, without favoritism or strange shortcuts.

Now, sometimes you have to make adjustments because reality is that unpredictable. The same has to change technical details, deadlines or payment conditions, because things do not always come out as one plans. But be careful, these touch -ups have to be sensible, nothing to get ready or take advantage to strain fat changes.

If you have to get into one of these modifications, it is best to go ahead: talk clearly with the administration, have everything well documented and meet what you firmed. And, just in case, get ready to explain why you made that change and how it affects the curro you have in hand.

Ah, and do not forget: each country has its own roll with the public procurement laws, so it is convenient to be up to date (or have someone who is) on hand. A good legal advice is never more, which then comes the scares.

In short, a non -substantial modification is a small, justified and without traps. It does not change the essence of the contract or gives anyone we give anyone. You have to communicate well, leave everything in writing and, above all, comply with the law. Nothing to look for the three feet to the cat.