Commentary

28.2 Drafting issues—amendment or variation clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

28.2 Drafting issues—amendment or variation clause

| Commentary

28.2 Drafting issues—amendment or variation clause

The contract drafter will need to consider the following when drafting or using an amendment clause:

  1. (a)

        Are amendments or variations permitted at all?

  2. (b)

        If amendments or variations are permitted, who is authorised to make them? Is a specific person named or a person with a specific role?

  3. (c)

        Do all parties need to agree or can one party impose amendments or variations?

  4. (d)

        What are the formalities for agreeing the amendment? For example, in writing, signed by both parties or only one party?

  5. (e)

        Is there a set procedure—for example, is a

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