Suffolk New York Supplemental Right of Way Agreement (To Amend Original Agreement)
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FAQ
Often, the terms amendment and addendum are used interchangeably. Both can alter the terms of an agreement, but they are vastly different. An amendment will alter an aspect of your original agreement. An addendum, however, will add something that was not part of the original contract.
Having the parties execute a deed of amendment or variation is often the best option. Not only is this more appropriate when no consideration is involved, it offers a lot more certainty about what changes were made and which parties have agreed to them.
Alteration of contract is the modification of the terms of a contract with the assent of both parties. Effect of alteration of a contract is that a new contract is formed, to be supported by a good consideration.
It is not illegal to alter a contract once it has been signed. However, it must be materially changed, meaning that if an important part of the contract is altered by the change, it must be made by mutual consent of both parties.
Agreements are often deeds, and a document that amends an operative part of another document required by law to be a deed must also be a deed. However, a deed can be amended by a simple agreement so long as there is consideration for the amendment and the deed itself does not require the amendment to be made by deed.
Any contract can be modified before or after signing the agreement, but all parties must agree to the changes. If any party doesn't agree to the modification, the changes are invalid.
Written contracts may be modified by subsequent oral agreements or conduct, even when they include clauses purporting to prohibit such modifications.
It is not illegal to alter a contract once it has been signed. However, it must be materially changed, meaning that if an important part of the contract is altered by the change, it must be made by mutual consent of both parties.
There is a rule of equity that a deed can be amended by a 'simple' contract provided that there is consideration. Any variation to an existing contract must either be supported by consideration or be executed as a deed.
There are several reasons why you may need to amend an existing contract, including to: fix a mistake, like a spelling error or incorrect figure; delete a provision which is no longer relevant; delete and replace a provision where circumstances have changed;
