Contracts
Contractor Agreement
California
Can a contractor agreement be modified without written consent?
I recently entered into a contractor agreement with a company to provide my services for a specific project, but the company has now informed me that they want to make changes to the terms of the agreement, including the scope of work and payment terms, without obtaining my written consent. I am unsure if they have the legal right to modify the agreement without my agreement and would like to understand my rights in this situation.
Answers from 1 Lawyer
Answer
Contracts
California
Dawn K.
ContractsCounsel verified
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.
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