Addendum: Overview, definition, and example
What is an addendum?
An addendum is a document added to an existing contract to modify, clarify, or supplement its terms without replacing the original agreement. It allows parties to make adjustments while keeping the core contract intact. Addenda are commonly used in business agreements, real estate contracts, and employment arrangements.
For example, in a business contract, an addendum may extend the delivery timeline for a project without altering other terms. Similarly, in a lease agreement, a landlord and tenant may sign an addendum to allow a pet, even though the original lease prohibits pets.
Why is an addendum important?
An addendum provides a legally recognized way to modify a contract without drafting an entirely new agreement. It ensures flexibility in contractual relationships while maintaining clarity and enforceability.
For businesses, using an addendum helps avoid misunderstandings and legal disputes by clearly documenting any agreed-upon changes. Without an addendum, informal verbal agreements may not be legally binding, leading to potential conflicts.
Understanding an addendum through an example
Imagine a consulting firm signs a service agreement with a client to complete a project in six months. Halfway through, both parties agree to extend the timeline by two months. Instead of drafting a new contract, they sign an addendum specifying the new deadline. This ensures that both parties formally acknowledge the extension.
In another scenario, a company hires an employee under a contract that includes a non-compete clause lasting one year. Later, the company decides to shorten the non-compete period to six months. They create an addendum to reflect this change, ensuring that the adjustment is legally documented.
Example of an addendum clause
Here’s how an addendum clause might appear in a contract:
“This Addendum is incorporated into and made part of the original Agreement dated [Date]. In the event of any conflict between the terms of this Addendum and the original Agreement, the terms of this Addendum shall prevail. All other provisions of the original Agreement remain unchanged.”
Conclusion
An addendum allows parties to modify contract terms without drafting a new agreement. It provides a formal, legally enforceable way to document changes, ensuring transparency and preventing disputes.
By including an addendum clause in agreements, businesses can clarify how modifications should be handled, maintain contract integrity, and ensure that all parties agree to any updates in writing.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.