Contract Addendum
Alternate Names:
A Contract Addendum is also known as a/an:
- Contract Amendment
- Amending Agreement
- Addendum
What is a Contract Addendum?
A Contact Addendum is a document used to make one or more changes to an existing contract or agreement without invalidating it. A Contract Addendum is added as a separate document to the original contract or agreement.
When should I use a Contract Addendum?
A Contract Addendum should be used when you need to make minor changes to a contract or agreement. Generally, this is when a term or condition of the contract is not working out as planned and needs to be adjusted, such as a simple date change or if you need to add or remove a clause.
You may wish to use a Contract Addendum if:
- You are adding a major change to an existing job description in an Employment Contract. A Contract Addendum outlining the change would be attached to the Employment Contract, and signed by both the employer and employee.
- You hired an Independent Contractor (like a writer or artist) to complete work by a certain date. If the contractor is unable to get the work done in time, an addendum to the existing contract could be made to change the due date of the work to allow the contractor more time to complete the project.
- As a landlord, you and your tenant signed a Rental/Lease Agreement. Shortly after, you realize that you are no longer able to perform some minor maintenance around the property. If the tenant has agreed to perform that maintenance for you, then you both could choose to execute a contract addendum to outline the new terms.
For major changes that impact the overall structure and point of the contract, you may need to create a new document altogether. For example, if the main terms of the contract are changing, like if you are moving to a new suite in the same rental property. Rather than go through all the potential amendments to the existing contact (address change, security deposit amount change, etc.) then it may be easier to create a new contract.
What should a Contract Addendum include?
A Contract Addendum should contain the following information:
- The names of the parties involved in the original contract should be included in the Contract Addendum, whether it be an individual, corporation, or organization.
- The Contract Addendum should have the same typeface, font size, and margins of the original contract. Although there is no specific legal requirement to keep the same look of the contract in the addendum, it is recommended to showcase that the parties are deliberate in the change.
- The date the Contract Addendum is to be signed by both parties. You can select "unsure" in our questionaire if you do not know when both parties will be able to sign the document.
A description of the purpose of the original contract should also be included in the Contract Addendum, including the date that the contract was signed.
What is the difference between a Contract Addendum and consents and waivers?
A Contract Addendum is adding certain terms and conditions to an existing contact without voiding the entire contract. Waiving a breach of contract or consenting to a minor change can occur during a contract without requiring an addendum. In the context of legal contracts, a consent or waiver is the voluntary agreement to continue with the contract even though a minor term was not upheld.
In general, an addendum modifies a contract, whereas a waiver excuses nonperformance of part of a contract.
It is also possible that one party may consent to a breach of terms depending on the situation. As an example, if a performer is supposed to be on stage at a venue at a certain time, but is running late, the venue may consent to allowing the performer to go on stage at a later time on the same evening.
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