Amendment clause
An amendment clause sets out how a contract can be changed after signing, usually requiring a written document signed by both parties.
What it means
An amendment clause controls how the parties can change their contract after it is signed. Most require changes to be in writing and signed by authorized people on both sides. The goal is to prevent arguments that the deal was changed in a phone call or a casual email.
Imagine a freelancer and a client agree on a call to double the project scope for an extra fee. If the contract requires signed written amendments and nobody writes it down, the freelancer may struggle to collect the extra fee if the relationship sours. A short signed change order or amendment avoids that problem.
Some contracts let one party change terms by posting a new version online or sending notice, which is common in software and platform terms. That favors the party making the changes, so notice periods and a right to cancel matter. Courts in some places will still enforce an oral change, or treat a pattern of conduct as agreement, despite a written-amendment clause, so the rules vary.
What to watch for
- Check whether changes must be in writing and signed by both parties, or whether one side can change terms on its own.
- If one party can update terms unilaterally, look for advance notice and a right to terminate if you object.
- See whether email counts as a signed writing for amendments, since contracts differ on this.
- Check who has authority to sign amendments, especially if a project manager has been approving scope changes informally.
- Compare each amended version against the original to confirm that only the agreed changes were made.
Example clause
No amendment or modification of this Agreement will be effective unless it is in writing, specifically refers to this Agreement, and is signed by an authorized representative of each party.
The contract can only be changed by a written document both sides sign, so informal agreements to change terms may not count.