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Sending a Contract Amendment to the Other Party Via Email (Not Notice Address)

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mslstrategy

Junior Member
What is the name of your state (only U.S. law)? NY (Me) & India (Contractor)

In a contract I have with a software developer, there is a section that is in error. Specifically "how" the developer should be compensated. So I need to change this.

To fix this, I had an amendment to the contract prepared which I need him to sign and acknowledge.

I was going to send this to him via email for him to print, sign, scan and send back, but in our original contract it says the following for the notice provision:

"Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized delivery service such as FedEx or UPS." Then it goes on to state physical addresses..

I am curious:

1) Will the amendment be invalid if I send it to him via email and he prints, signs it, scans it and emails it back?
2) or do I have to send it by regular mail? If I do have to send it by print mail does he have to send back the signed version via print mail as well? or can he scan/email it back for it to be valid?

Thank you for your time!
 


Mass_Shyster

Senior Member
If the amendment is not executed according to the terms of the contract, either party can dispute the validity of the amendment.
 

tranquility

Senior Member
I don't think this is notice as contemplated by the agreement. The OP is trying to actually amend the agreement. While there may be some section that covers that, it does not seem here. I think any new agreement would not fail for the clause.
 

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