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.
In the Tenderwatch data
- Appears in 4 notices captured in the last 12 months on Tenderwatch (as at November 2026).
Sources and legal basis
Primary legislation and official guidance. Always confirm the current text on the source before relying on it.
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.
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