An addendum (SA) is a formal agreement between the contracting parties amending the treaty. Second, the parties need to think about what lawyers call the «quid pro quo» of the cases. The thinking is what each party puts into the agreement, and that is what the court will impose if asked to do so. Normally, this is considered in terms of positive actions, the obligation to do something or pay for something. However, in this difficult market, this may include what we call indulgence: not doing something or not enforcing a right or requirement that would otherwise be enforced. It is more natural that this type of agreement should be developed with care. In the event that the employer decides, as the work progresses, that it is necessary to carry out additional work in a sufficiently significant manner or in such a way that it does not consider it appropriate simply to give the order to an architect, he may wish to do so by means of a supplementary agreement. The next issue that parties should consider is the impact of an addendum on rights and remedies and, in particular, on dispute settlement mechanisms. Too often, endorsements are developed without careful consideration of what will happen to the project in the future. Sometimes the endorsement consists of a simple exchange of letters and too often the focus is on solving the immediate problem, rather than ensuring that the rest of the project runs smoothly.
For example, problems may arise through time extensions, variations, or additional work. There is a risk that the extent or impact of the endorsement will not be clear in the event of a delay or waiver. However, there may be other reasons why the implementation of a supplementary agreement by instrument is a good step in such circumstances. One of them could be due to the fact that the underlying contract is itself an act and that there is an argument that an act can only be modified by a single act and not by a simple contract. The second reason why a document might be more appropriate is that the parties negotiate and compromise rights and claims arising from more than one contract. In these circumstances, a formal document should be more useful in the long run. The third issue raised is the way in which a supplementary agreement is implemented. One way to avoid the above-mentioned problem – whether there is consideration or value for the agreement in an addendum – is to have that amendment enforced by the parties as an instrument. Sometimes the endorsement is a simple exchange of letters and the focus is on solving the immediate problem, instead of ensuring that the rest of the project runs smoothly If a contractor changes their legal name, they must inform the department so that any incomplete contract can be changed to reflect the new legal name…