How a Software & It Services Business Hired a Lawyer to Review a Contractor Agreement in New York (June 2023)

Without seeing the terms in question, this is a general contracts answer: 1. Does the contract itself specify how it can be modified, changed or amended? If so, the contract itself should tell you whether this is okay. 2. If the contract doesn't state how, it can usually be modified, changed or amended, if you both have "mutual" agreement to change any terms, and in writing. 3. If they are trying to change it on their side only, and it is not permitted in the original agreement, this may not be allowed and depending on the terms to be changed, and to what extent, it may be some level of breach. Again, I do not have the contract, but I understand the terms to be changed include scope and payment, which may be enough of a change from the original agreement to potentially create a new one to substitute- with your consent. Hope this helps.

Without reviewing the contractor agreement, it would be difficult to advise you on whether you have a right to terminate the agreement either with or without notice to the contractor. If the agreement was prepared by an attorney, I imagine there are a sections that define breaches, terminations, and notice requirements. If you were to terminate the agreement in violation of the terms, that could open you up to significant potential liability. If you would like me to review the contract and discuss your options, please contact me directly. Regardless, I do recommend that you have an attorney review the contract and advise you regarding termination-- whether you choose to work with me or not. Thank you, and good luck! Lorraine Coats, Esq.