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  1. #1
    Join Date
    Sep 2009
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    Default Contract Amendments

    My question involves business law in the state of: any state

    Is there bad faith in failing or refusing to sign a supplemental agreement that clarifies the provisions of a contract?

    And is a modification to a contract is signed, is that amendment an enforceable contract? Or only if there is some sort of new consideration introduced?

  2. #2
    Join Date
    Jun 2009
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    California
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    Default Re: Two Question About Contract Ammendments

    Your questions are very general and the answers could change depending on circumstances, but here is how I would answer them as they are written.

    1. No. I would maintain that there is no such thing as a supplemental agreement that ONLY clarifies provisions of a contract. The fact that someone feels that a clarification is necessary means that there are issues which are open to interpretation. Picking one interpretation and making it part of the contract is a modification to the contract, by whatever name you wish to call it. As such, I see no bad faith in one party to a contract not being willing to accept another party's "clarification". Negotiation time.

    2. A duly executed modification to a contract is effective. There may be differences in different states on the consideration issue, but I know of none in which the consideration would have to be enumerated for the modification to be effective.

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