Topic
Contract Modification
53 published works
LathamGermany
German Federal Court Reinforces Informal Modifications of Property Purchase Agreements
Ruling finds that parties may make informal modifications without notarization after the conveyance has become binding. By Christian Thiele The German Federal Court recently ruled that parties may informally modify…
Latham.London
UK Supreme Court: NOM Clauses Invalidate Oral Variations of Contracts
Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. By Oliver E. Browne and Robert Price The Supreme Court of the United Kingdom…
Constructlaw®
Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May Negate a Finding That the Earlier Modifications Were an Accord and Satisfaction of All Claims
By John Conrad
Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures…
The Federal Government Contracts & Procurement Blog
New COFC Decision Highlights Danger of Contract Modifications on CDA Claims
The Contract Disputes Act (CDA) provides a remedy for contractors seeking to recover additional time or costs on a government contract (as part of a Claim or Request for Equitable…
ContractsProf Blog
Reminder: To materially modify terms, the other party has to agree
I just taught modification of terms earlier today so this recent case out of Missouri, Andes v. Dickey, Docket Number WD80135 (behind paywall), caught my eye. It involves an agreement…
#AssociateLife @BilzinSumberg
The Wrench in the Plan
I think it was Posh Spice who once said, "The best laid plans of mice and men often go awry." Sure enough, we ran into the proverbial wrench in the…
Pennsylvania Family Law
Modifying Unmodifiable Agreements
By Aaron Weems
A standard provision in most written agreements establishes that no modification of the agreement shall occur unless the parties do so in writing (and usually notarized to avoid fraud). Recently,…
Global IP & Technology Law Blog
UK – Court rulings heighten the risk of employees inadvertently amending contracts
An anti-oral variation clause is drafted into most commercial agreements. Typically, this boilerplate clause will say that any changes to the terms of the contract must be agreed in writing…
The Federal Government Contracts & Procurement Blog
Contractor Alert: Beware Bilateral Modification Release Language
Contractors intending to submit a Request for Equitable Adjustment or Claim on a government contract need to be aware of the implications of bilateral modifications. In simple terms, a bilateral…
Inside Government Contracts
A self-effectuating deemed release of claims? Say it ain’t so.
A few weeks ago, we provided a few tips for negotiating and assessing a release contained in a contract modification, and discussed why the Civilian Board of Contract Appeals (CBCA)…