2. Understanding how to modify a public contract without an amendment

There is another way of modifying a contract, without an amendment having been negotiated between the parties. In this case, the modification does not result from the agreement of the two parties, but from the will of the public purchaser.

2.1 Unilateral power of amendment: concept

The power of unilateral modification is the right, recognized to the administration even without a specific clause, to impose on the contractor obligations different from those set out in the initial contract. This is provided for in article L. 6 (4°) of Code de la commande publique : "the contracting...

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Understanding how to modify a public contract without an amendment