Do contract changes always have to be in writing?

When are written changes required?

Some contracts must be modified in writing due to legal rules or the contract's own terms.

For example, written changes are often required when:

• The contract includes a clause requiring written amendments.
• The agreement falls under laws that require written contracts (such as certain long-term or high-value agreements).
• The contract is of a type that must be in writing under laws like the statute of frauds.

If your contract includes a "no oral changes" clause, verbal updates are usually not enforceable.

Why are verbal changes risky?

Even when allowed, verbal changes can be difficult to prove. If one party later disagrees, there may be no clear evidence of what was said or agreed. They may also fail to meet any required signature or formality requirements in the original contract.

This can lead to disputes, especially if the terms were not clearly defined or documented. Written agreements help avoid this by creating a clear record of the changes.

What to do next...

1. Check your contract for any "written changes only" clause.
2. Review whether your agreement falls under rules requiring written terms.
3. Document any verbal agreements as soon as possible.
4. Have both parties sign a written amendment to confirm the changes.

What to consider in your specific situation

While verbal changes can sometimes count, your situation may depend on several key factors.

• Whether your contract requires written amendments.
• The type of contract and applicable legal rules.
• How clearly the verbal agreement was defined.
• Whether there is any written follow-up or proof.
• The importance of the changes to your business.
• The likelihood of disagreement between the parties.

Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.