What is MSA Amendment Drafting?
An MSA (Master Service Agreement) is a contract between two parties that lays down the guidelines for how they can operate their business relationship. It includes important information they require for smooth operations, such as both parties’ duties and responsibilities.
An MSA amendment drafting is the process in which you modify the original MSA to better reflect both parties’ requirements. It needs to be done correctly so that you protect both parties and avoid ambiguity that can result in conflict.
There are various reasons why you might need to amend an MSA, such as if your payment terms need to be updated or the scope of work isn’t relevant to your business requirements anymore.
Read the rest of this article to explore key terms in an MSA amendment, how to draft it, and why you should ask a qualified lawyer to amend your MSA for you.
What’s Included in an MSA Amendment?
An MSA amendment is a document that usually includes the following information to specify what’s being changed:
- Effective date. The amendment must state the date on which the changes become effective. This clarifies when parties must start using the new terms.
- Parties. Both parties must be referenced so that it’s clear that the agreement and any changes to it are between them.
- Amendments. List the exact changes that will be made to the original MSA.
- Incorporation of amendment. The amendment should state that it will be incorporated into the MSA.
- Signatures. To make the document legally valid, it should include signatures of both parties, along with their titles, full legal names, and dates of signing.
What are Tips for Amending an MSA?
When modifying an MSA, there are some important steps to follow so that you do it properly and with clarity for all parties involved.
Check the Original MSA
Before you can amend the original MSA, you have to confirm that this document includes information about how to make amendments. Follow these to the letter. Perhaps the document states that a written and signed agreement is required when modifying any of its terms.
When referencing the original MSA, you should name the agreement, the date on which it was signed, and what parties were involved. This prevents confusion over which agreement is being discussed.
Specify the Changes
Be clear about what is being changed in the agreement, such as if you’re adjusting the work scope or performance metrics. Avoid using any vague language that can create confusion or make the contract easier to misinterpret. Everything you add to the agreement must be clear and integrated with the original document.
Refer to Specific Terms in the Original Document
When making changes, mention the exact clause in the original document that is being modified, such as its numbered section in the agreement. If you’re deleting it, mention that it’s being deleted and include a clear, specific statement that is replacing it. This makes it easier for parties to know exactly what’s being changed and no longer applies.
Explain the Amendment Priority
You should state in your amendment that MSA provisions which aren’t expressly changed will remain in full effect.
If there is conflict between an MSA provision and the amendment, you might want to state that the amendment’s terms are to be followed. This serves to prevent confusion over which document takes priority.
Include Signatures
Signature blocks for both parties are required in the amendment to show that they agree to the changes and are legally bound by them. Their full names, titles, and the date on which they’ve signed the document must be included.
How Does a Lawyer Help You with MSA Amendment Drafting?
Since you want to be accurate and precise when drafting an MSA amendment, it’s advisable to hire a lawyer. They can help you through the drafting process by:
- Reviewing the original MSA so that they can identify exactly what needs to be changed.
- Drafting clear and specific changes that are legally accurate to reduce the risk of conflict.
- Complying with all applicable laws and regulations, as well as industry standards.
- Protecting your business interests by revising provisions regarding payment, intellectual property (IP) and other aspects of your business relationship.
- Ensuring consistency with the original MSA to avoid creating ambiguity.
- Negotiating with the other party on your behalf so you have a mutually-favorable and balanced document.
- Considering your changing business needs so that the MSA amendment reflects what’s required.
- Reviewing the MSA amendment if you’ve drafted it to give you peace of mind that your document is clear and specific.
Where to Find a Lawyer for MSA Amendment Drafting
If you need to hire a lawyer to help you draft an MSA amendment, you don’t have to worry about where to find one who’s reputable and has the right credentials. Online legal platforms make it easy to access a network of qualified lawyers who are experienced to help you.
ContractsCounsel is one of the biggest online legal marketplaces that gives you access to a curated network of vetted lawyers. All the lawyers on the platform have years of experience in contract drafting and review.
If you want to request that a lawyer on the platform drafts your MSA amendment so that it’s clear and legally valid, here are the easy steps to follow:
- Go to the ContractsCounsel marketplace.
- Post your project for free. You might want to add a few details to help you find the most suitable lawyer, such as what changes you want made to your MSA.
- Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who want to work with you.
- Review the lawyers’ profiles. You can review the lawyer data provided by the platform, such as the lawyers’ location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your MSA amendment for a flat fee.
