Under what circumstances can a municipal public construction contract be amended to provide for additional work?
Once a municipal public construction contract has been entered into,
the contract cannot be modified with regard to the quantity of
construction required unless there is an increased quantity clause in
the contract. However, an increased quantity clause is statutorily
limited to an amount not exceeding 15 percent of the original contract
price. Wis. Stat. sec. 62.15(1c); Probst v. City of Menasha,
345 Wis. 90, 13 N.W.2d 504 (1944). If the cost of additional work
exceeds 15% of the original contract price, the work should be treated
as a separate contract and competitively bid. Contracts #366.