Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

When is there a modification to a contract under Florida law?

People and businesses in Florida enter into a variety of different contracts each year. The types of contracts depend on the type of business, but every contract involves at least two parties each agreeing to do something or pay for something in exchange for the other party doing something. At the very basic level this is the basis of every contract, but the actions required to actually execute the terms of the contract can be very complicated. They can also take time and circumstances may change after the original contract is signed.

Therefore, contracts can be modified if both parties agree to do so. Many times, any modifications of a contract will be written down and the terms will be clear to both parties. However, contracts can be modified in many other ways besides just in writing.

A contract can be modified orally as long as both parties agree to the terms of the modification orally. This is true even if the original contract states that all modifications of the contract must be in writing. Also, the conduct of the parties could modify a contract, if both parties consent and begin relying on or acting on the terms of the modification.

If a contract has in fact been modified, then the parties must abide by the terms of the modified contract. If one party does not abide by the terms, then the other party may have a breach of contract claim just as if one party did not abide by the terms of the original written contract.

As there are many contracts entered into by businesses in Florida, there are also many modifications to the contracts. Modifications are enforceable, but sometimes proving there was in fact a modification can be complicated and very fact specific. However, these modifications can involve very large sums of money for both parties and can be very contentious. Fortunately, legal professionals understand these complications and may be able to guide one through the process.

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