3

So in this SE question the op has had verbal agreement of renumeration during the interview, however the offer letter and contract, state that pay info will be provided after starting with the company. Now this makes the company sound either sloppy, or suspect AF. But let's put to the side for now.

Would it be: 1. Legal 2. A good or bad idea to Make an amendment to the contract?

Something like, add a clause with something like: "Annual salary will be $<Amount verbally discussed>, and going foward, can be adjusted by mutual agreement"

1
  • 2
    With such an "amendment", you're basically saying "I decline to enter into the contract you offered, and I offer this different contract instead." The employer might accept your counter-offer. They might refuse it and propose a counter-offer of their own. Or they might refuse and decide it's not worth their time to continue negotiating with you, leaving you with no job. But whether such an offer is a "good or bad idea" is a question of business negotiation tactics, not a question of law. Nov 30, 2019 at 19:25

1 Answer 1

4

Can you amend a contract?

Yes.

Depending on the complexity of the contract and the part(s) you wish you change/add/delete/correct, you may wish to amend a contract or rewrite a new contract. Should you choose to amend, you have options.

Before Signed:

The easiest way to amend a contract that has been printed and is awaiting signature is to pencil in a change and have both parties to it initial the written-in change. This occurs all the time and can be for substantive items or to correct typographical errors. That said, technically, this is not an "amendment" to the contract.

As noted in a comment on your question, to unilaterally alter the document and send it back for approval would amount to a rejection of the an offer and a counter-offer.

After Signed:

This solution applies mostly to contracts between private parties, but not necessarily only to them. In business contracts, the terms will often contain the method by which the contract may be amended. An example that appears often is a requirement to make amendments signed and in writing.

Lists of best practices on various websites include typing the amendment out on a separate document, labeling it distinctly as an amendment to the existing contract, indicate that the change contained in the new document is the only change being made to the original contract, and, of course, both parties must sign and date the amendment.

Would it be a good idea or a bad idea to make an amendment to the contract?

Unclear; possibly.

Whether it's the contract in the question you linked to or any other contract, the answer to this question will be specific to the factual issues related to the contract and the change being contemplated and the answer may not be the same for both parties. So, there really isn't a general answer to this question.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .