Unilateral Modification Powers in Public Contracting: A Study of Article 55° of Law No. 2051/2003

Abstract

This academic article will focus on conducting a systematic and teleological analysis of contractual modifications under the protection of the public interest. It will aim to delineate the limits and guidelines that our regulatory system imposes on the Administration when utilizing this Administrative Prerogative. Finally, based on the analysis and the arguments presented, I will provide a brief academic critique of the interpretation upheld in multiple cases that emerged in the public procurement market since 2015, which argued that unilateral modification in the name of public interest is a tool to be employed to modify a contract when seeking to surpass the legal limits and conditions established for ordinary modifications by mutual agreement between the parties.

Palabras claves: modificaciones contractuales, interés público, contrato administrativo, contrataciones públicas, modificación unilateral, prerrogativas.

Keywords: contractual modifications, public interest, administrative contract, public procurement, unilateral modification, prerogatives.