How to Modify a Contract

Varying circumstances may require parties to a contract to modify their original agreement.  For example, contract modification may be necessary if parties want to extend a contract, change its duration, alter the quantity of goods to be sold or delivered, change a delivery time or place, or change a payment amount or type.

Parties typically can modify a contract at any time, as long as all the parties agree to the changes.  Minor changes in a contract can often be handwritten into the original document, and then signed or initialed by the parties. For example, a purchase order may be modified to provide for additional items and initialed and signed by the seller and buyer evidencing an agreement to the modification.

Major changes to a contract will often have to be re-negotiated and added to the agreement as an addendum.  Oftentimes, a well drafted contract will outline terms explaining how a modification may be effected. Typical terms include that the contract may only be modified in a writing that is signed and executed by all parties. Valid contract modifications will be enforced and are binding on the parties.

It is always best to ensure that all contract terms are accurate before the agreement is signed. Sometimes, modifying a contract after it has been signed can be complicated or impractical, particularly if one or both parties have already begun performing their contractual duties.

Ezer Williamson Law provides a wide range of both transactional and litigation services to individuals and  businesses. We have successfully prosecuted and defended various types of business, contract, and property claims. Contact us at (310) 277-7747 to see how we can help you with your business law needs.

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