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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101939
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A construction client is going to sign a contract with us

Customer Question

A construction client is going to sign a contract with us tomorrow. Our existing contract, that they are prepared to sign, is missing a few things regarding change orders and payments that would be relevant to this new client. In lieu of drafting an entire new we are going to propose an addendum to the contract covering these issues.
Question: can a contract and addendum be signed at the same time if both parties agree?
My business partner is concerned if we ever had to go to court for a breach of contract, someone would ask why the content of the addendum wasn't included in the original contract.
I've explained to my partner an addendum become a legally binding part of the contract. But unless he sees a lawyer agrees that both can be signed on the same day, he's in a bit of a panic and driving me nuts. thanks!
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Question: can a contract and addendum be signed at the same time if both parties agree?

Answer: YES. While it is a bit unusual to do so on the same day, it is neither illegal nor unheard of. The parties simply have to make the verbiage in the addendum be clear that it is an addendum to the primary contract.

The addendum requires all the same elements of the contract -

1) names of parties sought to be charged;
2) subject matter;
3) terms and conditions;

4) consideration; and
5) signatures.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!