Last updated March 15, 2024
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What is an Amending Agreement?
You can use an Amending Agreement to add, delete, or change minor details in an existing contract or agreement without invalidating it.
Your Amending Agreement should include details, such as:
- Each party’s name
- The purpose of the original contract and the date it was signed
- The specific amendments you’re making to the original contract
- The signatures of every party involved
All the parties who signed the original contract need to sign the Amending Agreement for the modifications to be legally binding. Then, attach it to the original contract for easy reference.
An Amending Agreement is also known as a/an:
- Contract Addendum
- Contract Amendment
- Addendum
Is there a difference between amendments and addendums?
Amendments are changes to the current details in a contract. Addendums are additions to a contract that previously didn’t exist. LawDepot’s Amending Agreement allows you to make amendments and addendums.
When should I use an Amending Agreement?
Generally, you use Amending Agreements when a term or condition in a contract isn’t working out as planned, and you need to adjust it. For example, you might need to change a date, or add or remove a clause.
You may wish to use an Amending Agreement if:
You may need to create a new document for significant changes that impact a contract’s overall structure and purpose.
Do Amending Agreements override an original contract?
If all the parties who signed the original contract mutually agree to make changes to specific terms and details, the changes in the Amending Agreement will override the original terms and details.
How do I create an Amending Agreement?
You can easily create an Amending Agreement by filling out LawDepot's questionnaire. Using our template will ensure you complete all the necessary steps:
Step 1: State each party’s details
Start your Amending Agreement by providing the names of the parties involved. Also, specify if each party is an individual or an organization.
Step 2: Provide details about the original contract
Describe the purpose of the original contract you’re amending and provide the date it was signed.
Providing details about the original contract clarifies which contract you’re amending. This can be useful if any disputes arise regarding the original contract or Amending Agreement.
Step 3: Describe the amendments you’re making
Describe the amendments you’re making in as much detail as possible. Doing so reduces the risk of any misunderstandings between the involved parties.
For example, imagine the fifth clause in your Residential Tenancy Agreement is about the day rent is due, and you want to change it from the fourth day of the month to the first day. You could say, “Clause 5 of the Residential Tenancy Agreement is hereby amended by deleting the phrase ‘due on the fourth of each month’ and replacing it with the phrase ‘due on the first of each month’.”
LawDepot’s Amending Agreement provides space for up to five amendments.
Step 4: Sign the document
Finish your Amending Agreement by dating and signing the document.
For your amendments to be legally binding, every party involved in the contract must sign the Amending Agreement.
