jacob (Legal Assistant) 07 June 2013

Changing party to contract

Dear experts,

i have the following situation:

A web development company located in India (registered office in India) signed an agreement/ contract with a UK based (registered office in UK) client. But the work/ service is being provided from its office in Poland and billing is carried out from Poland office.

The Poland office goes through a lot of administrative and legal hardships (from finance and audit perspective) since it is not the party to the contract.

Now the Poland office wishes to have the contract being in the name of Poland office and UK client.

How can the contract be amended to change/ substitute the parent company in India with its Poland subsidiary.

I request your urgent attention to this query.

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2 Replies

(Guest)

@Querist,

The parties to the contract cannot be changed without the wish of the client in question.Therefore,trying to convice the client for afresh agreement is the best and the only solution.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

sanjay kumar (BE/ LLM in Corporate Laws) 07 June 2013

The Contract can be amended with the mutual consent of the the parties involved. The Amendment can be in the form of an annexure to the original contract clearly stipulating :-

1.Which of the clauses of the original contract will be binding on all the parties.

2.which of the clauses which will not be binding on any of the parties.

3. any new clauses which will be binding on all/any of the parties.