Christopher I.

Business Attorney
Member Since: August 1, 2023
Merrillville, Indiana

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2 Questions Answered / 2 Recent Answers
November 12, 2023
A: Hi. An independent contractor agreement is an agreement to provide services in exchange for compensation of some type. “Deliverables” doesn’t have a standard one-size-fits-all definition for all contracts; rather, it gets defined on a contract-by-contract basis. Please look in your agreement for a heading labeled “Definitions” or “Defined Terms” and try to see whether a specific definition for “Deliverables” is provided. If it is, then you have your answer. If it isn’t, then try to see if you can infer a definition for Deliverables based on context. If even that isn’t possible, then the term may be vague and ambiguous; in such instance, I’d encourage you to contact the other party and seek clarification about what he or she expects you to deliver as part of your performance of services. I hope this helps. If you still have questions, I would encourage you to hire an attorney licensed in your state to review the independent contractor agreement and help clarify your obligations. Take care.
November 11, 2023
A: I am not licensed in Arizona, but feel comfortable providing a general answer about contract amendments, because the subject matter doesn’t require any specialized knowledge. Yes, you can amend nearly any agreement—including an asset purchase agreement (“APA”)—after it has been signed; provided, however, you must follow the requirements for a valid contract amendment. At minimum, you’ll need to obtain the other party’s written authorization for the amendment. Be sure to check for an “Amendments” clause in the APA (look for it under the heading “General Provisions” or “Miscellaneous Provisions”) which may introduce additional requirements, e.g., requiring that an amendment must be labeled and signed by the parties in order to be valid. Further, depending on whether you are seeking to materially alter the terms of the APA, your prospective amendment may require new “consideration”. In contract law, “consideration” generally means any type of bargained-for value that the parties exchange. Thus, if your prospective amendment would make the APA’s terms significantly more favorable to you relative to its terms pre-amendment, then such amendment might require that you give additional bargained-for value to the other party for the amendment to be legally effective. In conclusion, if you follow the requirements for a valid contract amendment, then yes, you can modify the APA and those modifications will be legally enforceable. I hope this has been helpful. If you have any specific followup questions or need a Contract Amendment drafted, I would encourage you to speak with a qualified attorney licensed in your state.