The obligation to invite tenders for changes to the contract for motorway construction work is the subject of a recent decision by the VK Bund (decision dated 13.01.2022 - VK 2 127/21), which Dr. Benjamin Klein of EICHLER KERN KLEIN Rechtsanwälte has discussed in the latest issue 11 of the German Administrative Gazette (p. 684 ff.).
The VK decided that a change in the execution of highway construction works (workday execution without full closure instead of - as tendered - a night/weekend construction site with full closure) constitutes a material change to the contract. The supplement (or in this case the entire contract) should have been put out to tender!