Modification of Contract
As Gaeilge: Modhnú Conartha
Also known as: Contract Modification, Contract Variation, Regulation 72
Last reviewed April 2026
A change to a public contract during its term, allowed only within the limits of Regulation 72 without triggering a new procurement.
Regulation 72 of S.I. 284/2016 sets out when a public contract can be modified without a fresh tender. Permitted modifications include those provided for in clear review clauses, additional supplies/works/services from the original contractor where a change of contractor is impractical (capped at 50% of the original value), unforeseen circumstances (also capped at 50%), de minimis changes below 10% of services/supplies value or 15% of works value, and substitution of the contractor. Anything beyond these limits is a substantial modification requiring a new procurement, a frequent finding in C&AG reports.
Recent tenders mentioning Modification of Contract
Related terms
Variation Order
A formal written instruction to change the scope of a public contract, must be agreed and documented before the work is done.
Remedies Regulations
S.I. 130/2010 as amended — the rules letting unsuccessful bidders challenge a procurement decision in the High Court.
EU Procurement Directives
The EU rules governing public procurement above threshold values, transposed into Irish law as S.I. 284/2016.