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What is a Contract Addendum?
A Contract Addendum is a document that changes a contract without superseding it. In other words, any terms that haven’t been modified by the Contract Addendum remain in place.
It’s beneficial to put your changes in writing because you can clarify information, create evidence, and maintain the integrity of your original agreement. Sometimes, this is easier than creating an entirely new contract.
Use LawDepot’s Contract Addendum template to create a written record of an addition, deletion, or modification of a contract term. This is a general template that works for a wide array of documents, including:
If you’d like a template with wording for a specific type of contract, we also offer a Codicil (for changing a Last Will and Testament), a Lease Amending Agreement, and a Partnership Amendment.
A Contract Addendum is also known as:
- Contract Amendment
- Amending Agreement
- Addendum
When can I write an Addendum?
You can only amend a contract after signing it. This may be to reflect a change in law, but more often it’s to accommodate the needs of one or both parties. For instance, a common reason for an amendment is simply to change a party's name.
You don’t need to make a Contract Addendum before signing a contract because the original terms aren’t effective yet. In this case, speak with the party responsible for drafting the document and make the changes there. Terms typically become legally binding once all parties sign the document.
Likewise, you cannot amend an expired contract because its terms are no longer effective. You’ll need to make a new contract.
How do I write a Contract Addendum?
Answer our user-friendly questionnaire to customize your Contract Addendum. We’ll walk you through three easy steps, so you can feel confident your document includes the right information.
Step 1: Describe the original contract
It’s crucial to give specific details about the original contract, including:
- It’s amendment history
- The jurisdiction that applies
- The names of the parties involved
- The date it took effect
- Its purpose
Step 2: Make your amendments
Our template allows you to make up to five amendments in a single Contract Addendum.
Remember to use clear and simple language when writing your changes. If you need guidance, the questionnaire includes sample text for you to reference.
It’s also important to refer to the original contract, especially if there are specific sections or clauses that you’ll alter. If you’re adding a brand new clause, explain where it will be inserted in the original contract.
Examples of contract changes may be to alter:
- Shipping details, such as quantities or delivery dates
- The obligations of one or both parties
- Terms and conditions of employment
- Payment amounts or due dates
- A contract's duration
- Terms of service
| While there is no legal limit to the number of times you can amend a contract, it’s best practice to create an entirely new contract if changes are still needed after the fifth amendment. |
Step 3: Sign the document
Once all the parties review the document, they should sign their names to consent to the changes and bring them into effect.
Attach your Addendum to the original contract or agreement.
Is an Addendum legally binding?
Like any contract, a Contract Addendum must meet certain criteria to be legally binding. Read more about what this entails in LawDepot’s Guide to Signing and Managing Contracts.
The Addendum will be invalid if one or more of the following key elements are missing:
- Offer and acceptance: One party suggests a change to the contract and the other parties agree.
- Consideration: Each party stands to benefit from the contract. For example, this could be a monetary benefit, a service, or something else of value. If the Addendum is to add a party name to a contract, it’s likely the consideration is explained in the original agreement.
- Mutuality: Both parties intend to create a valid and enforceable contract.
- Legality: The amendment cannot contain an illegal promise or consideration. For instance, an employer cannot add a clause to an Employment Contract that waives the employee’s right to worker’s injury protection. Most provinces declare that every worker is entitled to such protection.
- Capacity: Each party is mentally and legally competent to understand and agree to the contract.
Can I amend a contract without the other party's consent?
No, a legal contract between two or more parties generally can’t be altered unilaterally. In other words, everyone involved must give mutual consent to change a legally binding contract.
There may be some exceptions to this legal standard depending on your situation. Consult a lawyer to learn more about how contract law applies to you.
Should I notarize my Contract Addendum?
Although most cases don’t require you to notarize your Addendum, doing so helps reinforce the validity of the parties' signatures and intent to modify a contract.
What’s more, you may wish to get a lawyer to review your document to ensure you use the proper language and that the terms don’t create unintended consequences. A lawyer can also confirm whether the amendment meets the criteria for a valid contract in your jurisdiction.
