Contract Amendment: A General Overview

As the name suggests, a contract amendment happens when you or the other party to a contract feel the need to make changes to the terms or other aspects of the contract. These changes can include when you modify or delete terms of the document.

With a contract amendment, you can therefore change the rights and obligations of the parties in terms of a contract. Once amended, the contract, as a legally binding document, will then outline the new rights and obligations of every party in terms of the agreement. Keep in mind, though, that contract amendment is only necessary after a contract has been signed.

Before that, any changes can be made to the contract and the parties can initial the changes.

There are many reasons why you would want to amend a contract.

• Forexample , you may enter into a contract with another party for a certain time period. As the end of the time period approaches, you may then wish to extend this time and a contract amendment will be necessary.
• Anotherexample would be where you buy a certain quantity of goods from another party in terms of the contract. After the contract is signed, you then decide to buy more of the goods. Here, a contract amendment will then be necessary to increase the amount of goods purchased in terms of the contract.

Keep in mind, though, that these are just two examples of when a contract amendment will be necessary and that there are many more. These include basically any term of the contract you and the other party want to change and even include instances where an amendment is necessitated due to something out of the control of the contracting parties.

Here is an article about how to write a contract .

How Do You Legally Amend a Contract?

When you use a contract amendment to make a mutually agreed change to any existing contract , you must ensure that the amendment complies with the legal requirements of the underlying contract.

For example, the current contract may specify the requirements necessary to amend the contract. For a contract amendment to then be valid, these requirements would then need to be adhered to.

In addition, some states may have added requirements to contract law regarding the amendment of certain types of contracts . These requirements may include having witnesses to witness the contract signing or requiring that the parties’ signatures be notarized.

Also, to be legally enforceable, amendments to a written contract should be made in writing and signed by both parties. And, while it’s perfectly acceptable in certain circumstances to enter into oral contracts, it's always better to have the terms of an oral contract reduced to writing. This eliminates any disputes later on.

Considering the above, there are some best practices that you should follow for contract amendments.

Below is a list of rules for best practices when going through the contract amendment process:

1. Always put the contract amendment in writing and ensure that both parties sign the amendment.
2. In the amendment, refer to the original contract, the parties, and the date on which the original contract was signed. This eliminates any doubt as to what document you’re amending.
3. Attach the amendment to the original contract.
4. Don’t make too many amendments . This is especially important when you want to amend a previous amendment. In this case, it’s better to rather prepare and sign a new agreement with the new terms.
5. When making a contract amendment, it’s always better to rewrite the entire section or paragraph of the contract with the changes. This makes it clear exactly what the changes are.

Here is an article about how to legally amend a contract.

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When Can You Make a Contract Amendment?

There is no specific time or legal requirement regarding when you're able to amend a contract. It should therefore happen at any time when you or the other party wants to make changes to the terms of the contract.

For example , let’s say you buy a new car. You then sign the sales contract, but the car dealer needs time to order and deliver the car to you. When the dealer orders the car, it appears that the cost price of the car increased. They then approach you and negotiate a higher price for the car.

If you then agree to pay the slightly higher price, a contract amendment would then be prepared which both you and the dealer need to sign. Once signed, this contract amendment will then reflect the amended price in terms of the agreement.

Another example is when you need to deliver products to a client within seven days after they place an order with you. However, throughout the existence of the contract, you deliver the goods 10 days after they place an order.

Here, although the other party has not objected to the late delivery and you both agree that you're only able to ship the products within 10 days after the date of the order, it's always a good idea to amend the contract to reflect this change.

Here is an article that goes into more detail about Contract Lawyers .

Amendments vs. Addendums

Although many people use these terms interchangeably, there is a substantial difference between contract amendments and addendums . Typically, with a contract amendment, you change the existing terms and conditions of the contract.

In contrast, with an addendum, you add terms or requirements that you may have left out of the original agreement or which have become necessary after the original agreement was signed.

When the terms of an addendum can potentially conflict with the terms of the original contract, you should also prepare an amendment of the original contract which determines which terms will have precedence in the case of such a conflict.

Get Help with Contract Amendments

It may be necessary from time to time to make changes to a contract between you and another party. When this happens, a contract amendment is necessary. When you amend the contract, you must comply with the requirements and best practices for an amendment.

If you need help with a contract amendment or need to find a contract lawyer to assist you with one, feel free to post a project on ContractsCounsel’s marketplace.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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Tim advises small businesses, entrepreneurs, and start-ups on a wide range of legal matters. He has experience with company formation and restructuring, capital and equity planning, tax planning and tax controversy, contract drafting, and employment law issues. His clients range from side gig sole proprietors to companies recognized by Inc. magazine.

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My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.