Contracts & ExecutionQuestion 886 of 1605
A contractor and owner sign a contract, then later sign a separate written agreement that clearly changes the completion date and adds $6,000 in scope. This later signed agreement is best described as:
a.A valid written contract modification supported by new consideration (the added scope and price)
b.An unenforceable oral modification
c.A tort claim
d.A violation of the parol evidence rule
Explanation
A written, signed agreement that changes the completion date and adds new scope for additional payment is a valid modification of the original contract, supported by fresh consideration because both the added work and the added payment are new, bargained-for exchanges. It is written, not an unenforceable oral change, and it is a contract matter, not a tort. The parol evidence rule does not bar it, since that rule addresses prior or contemporaneous statements, not a later signed modification.
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