Modifications in writing: Overview, definition, and example
What are modifications in writing?
Modifications in writing refer to any changes or amendments made to a contract or agreement that must be documented in writing in order to be valid. This provision ensures that both parties agree to any alterations, additions, or deletions of terms, and that these changes are officially recorded. In legal contracts, the "modifications in writing" clause stipulates that no verbal changes or informal agreements will be recognized unless they are documented in a written amendment, signed by both parties.
For example, if two companies enter into a contract for the supply of goods, and later one party wants to change the delivery date, this change would need to be made in writing, signed by both parties, in order to be legally binding.
Why are modifications in writing important?
The "modifications in writing" provision is important because it ensures clarity and avoids misunderstandings regarding any changes to the original agreement. It protects both parties by requiring any amendments to be formally documented, thus preventing disputes over verbal agreements or changes that may not have been properly communicated. This clause also serves as a safeguard for both parties, ensuring that any modifications are mutually agreed upon and legally enforceable.
For businesses, having this provision in place is crucial for maintaining control over contract terms and preventing unauthorized changes or misunderstandings.
Understanding modifications in writing through an example
Imagine a company contracts a vendor to deliver office furniture by the end of the month. After some unforeseen delays, the vendor requests a modification to extend the delivery date. The original agreement includes a "modifications in writing" clause, so the company and vendor must both agree to the new delivery date and document the change in a written amendment to the contract. The signed amendment ensures that both parties are legally bound by the new terms.
In another example, a service provider and a client agree on a contract for monthly maintenance services. Midway through the contract term, the client requests an increase in the scope of services. The service provider agrees, but both parties must draft and sign a written amendment that outlines the additional services, terms, and any adjustments to the payment structure.
An example of a modifications in writing clause
Here’s how a modifications in writing clause might look in a contract:
“No modification, amendment, or change to this Agreement shall be valid unless made in writing and signed by both Parties. Any verbal agreements or changes will not be considered binding under this Agreement.”
Conclusion
The modifications in writing clause is a critical component in any contract, as it ensures that any changes to the terms of the agreement are documented and agreed upon by both parties. By requiring modifications to be made in writing, this clause helps prevent confusion or disputes over informal changes and ensures that all parties are clear on their obligations and expectations. This formalization of changes protects both parties and strengthens the enforceability of the contract.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.