What is the Difference Between Addendum and Amendment?

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The main difference between an addendum and an amendment lies in their purpose and how they modify a contract. Here are the key distinctions:

Addendum:

  • An addendum is an additional document attached to the original contract, used to include supplementary information, such as additional terms, conditions, or clarifications.
  • It does not modify the existing terms of the contract but rather expands upon them.
  • Addendums are typically used when parties wish to incorporate new details without disrupting the core elements of the original agreement.
  • Examples of addendums include addressing financing terms, defining property inspection requirements, or clarifying specific terms within the original document.

Amendment:

  • An amendment is a change to the original contract that alters some of its original clauses or sections.
  • It modifies the existing terms and conditions of a contract by replacing a specific portion of the original agreement.
  • Amendments are generally used to change something that's part of an original contract, such as altering an agreed-upon deadline.
  • Examples of amendments include changing the pricing structure, extending the contract duration, or altering key obligations.

In summary, an addendum is used to add new information or clarify existing terms without altering the core elements of a contract, while an amendment is used to change the existing terms and conditions of a contract.

Comparative Table: Addendum vs Amendment

Here is a table highlighting the differences between an addendum and an amendment:

Feature Addendum Amendment
Purpose Adds nuances to or extends the terms and conditions of a contract without altering the original terms and conditions. Changes the original contract by altering some of its clauses or sections.
Document Separate document created and attached to a signed contract. Modification made to the original contract document.
Effect on Original Terms Does not modify the existing terms of the contract. Modifies the existing terms of the contract.
Creation Can be created by any party, including third parties. Can only be created by the parties who signed the original contract.
Relationship to Original Contract Addendum does not negate the original agreement's terms and is a separate document added to the original contract. Amendment leaves the original contract primarily in place except for the specific details that have been changed.

In summary, an addendum is a separate document that adds to or extends the terms and conditions of a contract without altering the original terms and conditions, while an amendment is a change made to the original contract that modifies some of its clauses or sections.