Contract Modification Law
Whether a contract is written or oral, it is usually possible to modify it at a later date if required. Contract modification can be done when all parties to the contract are agreeable to making a change in one or more of the original terms of agreement.
Depending on the situation, the contract can be modified in part or in whole. It may be modified either before the parties have signed or after it has been formalized. If any party to the contract disagrees to a contract modification, the changes to the contract may not be enforceable. But if valid medications to the contract have been made, they will be binding as per the contract laws.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.
Tips for Contract Modification
Modifications before Signing
If the contract is to be modified before it has been signed, you should consider the following tips:
- Identify any contractual clauses that you believe may be unfair or biased against you.
- Prepare a list of the modifications that you think are required.
- Present the changes exactly as you wish them to appear in the contract.
- Note down the location, time, and date when you decided upon the modifications.
- Try to evaluate how the modifications will impact the contractual rights of yours and other parties in the future.
Modifications after Signing
- Make a note whether you or another party to the contract has already started carrying out their contractual obligations. For instance, if the other party has already made delivery of a consignment, make a note of the delivery.
- Evaluate how the changes to the contract may impact the contractual duties that have been performed already.
- After signing, contract modification can be somewhat more difficult. Be prepared for negotiations and present your reasoning for the changes.
- Make sure that all the modifications are in conformance with the contract laws. For instance, if the contract is required to be in writing as per the statute of frauds, then any modifications to the contract should also be in writing.
In exceptional situations, contract modification may not be permitted, such as when the contract contains a clause that prohibits any future modifications.
Need to Hire an Attorney for Contract Modification
It is best to consult with an experienced contract law attorney if you wish to modify a contract. Prior to presenting any proposed changes to the other party, speak to your lawyer.
If the changes are substantive and will impact the performance of the agreement in a significant way, it is particularly useful to have a knowledgeable contract lawyer by your side. They will help you review and draft the modifications so that the contract satisfies your requirements more effectively.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.
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