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What is the most effective way to make changes to a contract after it has been signed?

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Contracts are legally binding agreements that define the rights and obligations of the parties involved. However, sometimes circumstances change and the parties may need to modify the contract after it has been signed. What is the most effective way to make changes to a contract without risking legal disputes or compromising the original terms? Here are some tips and best practices for contract management professionals to follow.

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Adv Krithika

Legal Professional | Contract Specialist | Legal Advisor | Legal Education

1 Identify the need for change

The first step is to identify the need for change and communicate it clearly to the other party. You should explain why the change is necessary, how it will affect the contract performance, and what benefits or costs it will entail. You should also check the contract for any clauses that specify how changes can be made, such as notice periods, consent requirements, or amendment procedures.

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Adv Krithika

Legal Professional | Contract Specialist | Legal Advisor | Legal Education
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In my experience, identify if the change is in Business terms or legal terms. Following this ensure you have grounds to justify the change. Review the contract in depth and understand about Amendment provisions. In case if amendment clause is absent in the contract, first come to mutual terms on the said process.

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2 Negotiate the change

The second step is to negotiate the change with the other party and reach a mutual agreement. You should avoid making unilateral changes that may breach the contract or damage the relationship. You should also consider the impact of the change on the contract scope, duration, price, quality, and risk allocation. You should document the negotiation process and the outcomes in writing.

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Adv Krithika

Legal Professional | Contract Specialist | Legal Advisor | Legal Education
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Presence of relevant provisions highlighting amendment procedure would facilitate the process. If the clause is absent then the first step of negotiation/discussion would be on amendment process. Also ensure that the changes incorporated are in complaint with the internal company policies that is approvals and others.

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3 Draft the change

The third step is to draft the change in a clear and concise manner. You should use consistent language and formatting with the original contract and avoid introducing any ambiguities or inconsistencies. You should also ensure that the change complies with the applicable laws and regulations and does not violate any third-party rights or obligations. You should review the change carefully and seek legal advice if necessary.

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Adv Krithika

Legal Professional | Contract Specialist | Legal Advisor | Legal Education
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Ensure while drafting the MSA is referred and the relevant provision which speaks about MSA is called out. Dates play a major role. Also ensure that there is no conflicting clauses in MSA and Amendment.

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4 Execute the change

The fourth step is to execute the change by signing and dating it with the other party. You should use the same method and format as the original contract, such as electronic or paper signatures, and attach the change to the contract as an amendment or an addendum. You should also notify any relevant stakeholders or authorities of the change and update your contract records and systems.

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Adv Krithika

Legal Professional | Contract Specialist | Legal Advisor | Legal Education
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Naming the Amendment series is very vital. Follow the amendment process that is mutually agreed. The contract should be executed by the authorized person.

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5 Monitor the change

The fifth step is to monitor the change and its impact on the contract performance and relationship. You should track and measure the change results and report any issues or deviations to the other party. You should also evaluate the change effectiveness and satisfaction and provide feedback or suggestions for improvement. You should document the change history and lessons learned for future reference.

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6 Manage the change

The sixth step is to manage the change and its implications for the contract lifecycle. You should align the change with your contract strategy and objectives and ensure that it supports your business needs and expectations. You should also review the change periodically and make any necessary adjustments or corrections. You should maintain a good communication and collaboration with the other party and resolve any conflicts or disputes amicably.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Contract Management

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What is the most effective way to make changes to a contract after it has been signed?

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1 Identify the need for change

2 Negotiate the change

3 Draft the change

4 Execute the change

5 Monitor the change

6 Manage the change

7 Here’s what else to consider

Contract Management

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