Does the 40% share of the profits remain for the working party, given that the tender began before the agreement was amended to 50% split equally? And if it is 40%, is it calculated from the gross profits or after the financier is given their share, knowing that the agreement stipulates that the partners provide the capital?

If capital and labor are combined, it falls under the category of Mudarabah (partnership in profit). The profit is distributed according to the agreement at the time of the contract, and the contracting parties may agree on a new profit ratio after the work has commenced. Based on this, your share of the profit is 50% according to the second agreement. As for the profit from the mentioned transaction, it depends on the nature of the agreement, whether it includes it or not. The money taken by the partners from the financier for investment is Mudarabah from the financier, and this does not affect your agreed-upon percentage.