It’s not uncommon for an existing contract to require a revision. In many cases, more than one revision. Circumstances can change quickly, and amenable agreements should reflect that. When dealing with a few minor changes, there is no need to create an entirely new contract.
If there are a few new items to be added to the contract, what you need is a Contract Addendum. This is a useful document when you want to add entirely new clauses to an existing agreement.
A Contract Addendum is a separate document that becomes incorporated into an existing contract. You do not physically change the previously signed contract but offer new additions in the form of an addendum.
Contract Addendums are often used when people need to add specific terms to a contract. These can be as minor as deadline extensions or significant changes. When creating a Contract Addendum, it’s essential to use a title indicating the relationship between the addendum and the existing contract. It is recommended to use formatting consistent with the original agreement.
Depending on your state, a Contract Addendum may also be known as:
Contract Addendums are necessary when all parties agree to additional terms. It is always preferable to put things in writing when making changes to an original contract.
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A Contract Addendum can be as straightforward or as complex as you need it to be.
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All parties to the original contract must sign the Contract Addendum to make it enforceable. Notarization or witness signatures are not required.
When you are done creating your Contract Addendum on 360 Legal Forms, download it, print out a copy, and get it signed, dated, and sealed. The executed Contract Addendum must be attached to the original contract.
While every addendum is also an amendment because it changes the contract, there are meaningful differences between these two documents. The key difference is that an addendum contains items previously not mentioned in the contract. An amendment addresses existing items in the contract, whereas Contract Addendum is useful when adding new provisions. All in all, addendums are a beneficial tool for a contract in the developmental phase while amendments are practical for contracts previously considered complete and executed.
The most critical aspect is to make the additions clear and concise. All parties involved must understand the implications of the new additions with respect to the contract. If there is any confusion, consulting a legal expert might be beneficial prior to signing the addendum.
There are no limits to the number of addendums for any one contract. Throughout the duration of a contract, addendums and amendments can add up. In this regard, it is crucial to always numerate the addendum to indicate the order of the addendums. However, adding too many addendums can make a contract challenging to understand, with potentially conflicting clauses that could lead to the nullification of the contract. At some point, it may be better to create a brand new contract instead.
The answer is no. You are not to make any formal changes to an existing contract without the consent of all parties to the original agreement. If someone is unavailable to sign the addendum, he or she can appoint an agent to sign the document, who must have appropriately assigned rights to sign the addendum.
Certain minor breaches of contract do not require an official addendum. These changes are usually a type of consent and waiver in the form of tolerating non-performance by one of the parties. If all parties involved have an understanding of what is considered permissible, this may void the need to create a Contract Addendum.
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