Four Tips for Writing Contract Amendments

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Four Tips for Writing Contract Amendments
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Clarify the clause(s) requiring amendment.

• As mentioned, amending a contract entails making
  a change to the contract language as it stands.
  Thus, it is important to state with absolute
  clarity which portion of the contract is being
  revised. Most contracts have numbered and/or
  lettered paragraphs and subparagraphs with brief
  titles or descriptions, and these sections should
  be referenced at the beginning of the amendment.
  In some cases, a specific page number and clause
  may be used to identify the section at issue

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Specify the discarded contract language and the
replacement language

• There are different ways that the contract
  language can be amended, such as crossing out
  certain words and specifying the language that is
  replacing it. Or, an entire paragraph can be
  stricken, with the amendment providing the new
  paragraph that serves as its replacement. It
  doesn't matter which way you do it, so long as
  there is consistency and no ambiguity as to what
  language is being taken out and what language is
  being inserted.

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Identify the terms that remain in effect

• It is also important to clarify in the amendment
  that some or most portions of the contract remain
  unaffected. For example, if there is only one
  paragraph in the contact that is being amended,
  but the rest of the contract should remain
  unchanged, the amendment can make this clear with
  a brief statement to that effect.

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Sign and distribute the final agreement

• An amendment is useless unless everyone agrees to
  it, it is signed by all signatories to the
  contract, it is appended to the original
  agreement, and all parties receive a copy. People
  mistakenly believe that they can make unilateral
  or verbal changes to an existing contract, but in
  the event of a dispute, only a written, signed
  amendment will actually hold up well in court.

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