While business-to-business contracts are binding, an inability to meet some or all of the terms should not always be treated as a breach. A legal lawsuit can destroy the other business financially and block possibilities of future beneficial collaborations.
Renegotiations are excellent avenues that businesses in Florida can explore when the terms of a contract are no longer mutually beneficial. And with the help of a Daytona Beach small business lawyer, you can draft changes that can improve the ability of the thttps://www.lankfordlawfirm.com/wo businesses to work together.
At What Point Can I Make Changes to a Contract?
Amendments can be made at various stages depending on your business’s changing needs and in the manner that was initially agreed upon. If you feel like some parts of the agreement are no longer beneficial to your business, speak to a Daytona Beach business contract lawyer, and they will advise you on the best time to initiate changes.
During the Contract
When one party is struggling to fulfill its part of the deal, it can seek relief in the course of the contract. Intra-deal negotiations are common among small-and-medium-sized businesses that decide to venture into foreign markets. Strict delivery dates, overwhelming demand, and quality standards can expose the businesses’ limited capacity and create the need to end or alter the terms.
Distinctly, making changes to your contract is easier if a clause in the initial agreement permits renegotiation or cancellation. This reduces misunderstandings and tension when an unforeseen event happens. A Florida business contract attorney can ensure that this is included to protect you and your business.
During Pre-Planned Contract Reviews
Scheduled reviews are ideal for long-term contracts because it allows the businesses to review the terms of the agreement on specific dates or after a particular time frame. The review meetings ought to happen often to address issues that may arise from the changing marketplace.
Before Renewing the Contract
You might decide to wait until the contract expires to negotiate for better terms and make changes to the contract. The modifications could involve altering current business strategies or be an expression of decreased benefits in the business relationship.
How is a Contract Amendment Created?
The two businesses must mutually agree upon the amendments made to the contract. It could be an addition to what already exists, an omission, or changes to certain parts of the agreement. Notably, the writings in the original contract remain as it was; you only add another document or writings containing the amendments.
Here are three ways to amend your B2B contract:
- Adding amendment pages to the end of the originally signed contract.
- Getting the contract amendment from a template or from a legal service provider
- Using a contract amendment letter to list the changes made and having it signed by both parties
Whichever avenue you choose to make changes to the contract, you need the legal guidance of a Daytona Beach business contract lawyer. A legal expert ensures that your commercial interests are represented in the new amendments.
What are the Best Practices in Contract Amendments?
Just like the original contract, the amendment should be precise and free from ambiguous statements. Future business dealings will be smoother if you utilize best practices in drafting and compiling the changes made to the agreement.
They include:
- Restate the entire section/paragraph – Simply describing how you will change something in the contract is not enough. Instead, the whole paragraph or section subject to the amendment should be restated to make it clear.
- Simplify Multiple Amendments – If you have made a number of amendments to the original contract, and made further changes to the amendments, it is advisable to draft a new contract. This will help with clarity.
Attach them Together – The amendment and the original copy should be attached together for easy referencing. - Make References – The amended document ought to make references to the original document. This makes it clear for anyone to know exactly which document you were making changes to, especially when there have been other amendments. You could make references to the signing date, or the original parties, if applicable.
- Write it Down – It is often easier to prove a violation of contract terms if the terms are in writing. So, make sure that everything is penned down, signed, and dated.
What Types of Alterations Can I Make to a Contract?
There are two main types of changes that businesses can make to their contracts. Your current business situation determines what is most appropriate for you. As soon as you understand your unique needs, it could be much easier to decide on the right option, if not both.
Addendum
In an addendum, all the original terms remain the same. You only add new terms that have nothing to do with the previous agreements. For example, a business that wants to add a new line of products to the list of goods supplied to a retailer needs an addendum. So, the two businesses will only need to add new terms relating to the new product, while the terms of the other products remain the same.
Amendment
In an amendment, some of the existing terms are changed completely. For instance, the price of a product might need changes due to increased production costs. Remember that amendments can result in misunderstandings if the new terms are not clear.
A Business Lawyer Assisting Businesses with Their Everyday Needs
The Covid-19 pandemic changed the dynamics for a lot of small-and-medium enterprises. The unpredictability in the marketplace left the businesses with very few options; to renegotiate the contracts or pay hefty fines for breach of contract.
Criminal prosecutions and lawsuits can hurt your business. That’s why renegotiations came out as the most viable alternative for corporates that wanted to remain afloat.
If you want to avoid legal issues, seek the sound and upfront advice of an experienced business attorney in Daytona Beach, FL. Call us today at (850) 888 8992 and let our Florida contract lawyer advise you accordingly.