Check whether the intention of the parties is merely an extension of the period beyond which the current terms must be maintained or whether the parties intend to make further changes to the contract, in addition to an extension of that period. If circumstances suggest, the parties should consider whether a new contract is more appropriate. Some considerations relating to the transition to a new contract may include price updates or other general terms, the re-establishment of possible liability caps or fees under the current contract, and a clear delineation between the current contract commitments and those under the new contract. Under English law, a change in the terms of the contract must be supported by a consideration to be effective, unless a document is executed in the form of an act. When the contract term change document is executed as a single contract, The payment made by Part A is a valid consideration for the increased Part B obligations that are fulfilled during the contract extension period. If the extension of the term is not related to an additional payment, the parties may, if necessary, consider entering into a declaration of amendment or an agreement with nominal consideration in order to avoid future disputes over the validity of the consideration. Finally, certain types of contracts are subject to additional amending procedures that are required by law. A perfect example in England is that of public procurement subject to the 2015 Public Contracts Regulations (PCR). Under English law, in order to effectively extend the duration of a public contract without triggering the obligation to initiate a new tendering procedure, the parties must demonstrate that the reasons for such an extension fall within one of the categories described in Regulation 72 of the PCR. Keep your copy of the signed extension with the original agreement that amended it. Once the extension is established and signed, it is part of the original agreement and should be dealt with accordingly.
In addition, parties to contracts with companies operating in highly regulated sectors are asked to assess all applicable regulatory restrictions or requirements related to the amendment process before negotiating a life extension. If, at the expiry of the contract, the parties continue to fulfill their respective contractual obligations without a renewal agreement, it is likely that there will be a tacit agreement between the parties under the expired contract. In order to avoid any uncertainty as to the terms of such a tacit contract, the parties should cease all action under the contract after the expiry of the term, until a renewal or new formal contact has been agreed or, at the very least, give priority to the approval of an extension of the term, including after the expiry of the contract. If your agreement is complicated, don`t use the attached form. Talk to a lawyer to help you develop a document that meets your specific needs. There comes a time when each contract expires; But what if the parties do not want to, but there are no provisions in the treaty on renewal rights? On this blog, we analyze best practices in the renewal of contracts for which there is no explicit right to enlargement. How will you develop a change in the length of your contract? The following practical tips may be helpful: 1.