If both sides to a contract wish to modify the agreement, they can revise it as much as they want through amendments. However, it is more difficult when one side wishes to modify but the other does not. In this case, the parties will need to seek legal representation to help reach a settlement agreement or bring a lawsuit, if necessary.
Unless both sides wish to change the agreement, contract modifications in Georgia require legal assistance. If you are involved in this type of dispute, reach out to the knowledgeable attorneys at Sparks Law for help.
If both parties agree that they want to modify an agreement, then they would each hire at least one attorney to draft an amendment for the contract. The amendment would say that they are keeping all of the contract except for the following provisions, which would be specifically edited to keep the remaining terms in place. The skilled lawyers at our Georgia office could help draft an amendment to revise an existing contract.
If only one party seeks a contract modification, this can lead to a dispute between the parties. It is possible for a judge to modify a contract without both parties’ agreement. However, this is typically a long and expensive process, as both parties will have to hire attorneys and take the case to court. After a lawsuit has been filed, the parties will go through a discovery process and trial, after which the contract may be modified by the judge or jury.
Sometimes, circumstances arise that make it impossible to carry out the terms of a contract. For example, say that a person bought a gym membership in 2020 before the global pandemic broke out. The contract states that the person will pay a monthly fee for access to the gym facilities. However, because the pandemic made it illegal to have the gym open, this would be considered a frustration of the purpose of the contract.
Most contracts also have what is called an Act of God provision. This could cover events like a pandemic breaking out, or a cargo ship getting stuck in a canal and being unable to deliver merchandise. When these types of unforeseen scenarios occur, courts will usually allow impacted contracts to be voided or negated to some extent. For example, many people did not have to pay for their gym memberships during the weeks or months that they could not legally enter the gym.
The best way to ensure that your interests are represented in contract modification is to hire a seasoned lawyer. Contracts use complex legal language and are difficult for non-lawyers to interpret. Without legal counsel, you risk signing a contract with loopholes that can work against you.
Contact an attorney with experience handling contract modifications in Georgia. The legal team at Sparks Law is here to protect your best interests throughout the process.