What is addenda in construction

A contract addendum definition is an attachment to the initial contract, spelling out any modifications or changes.3 min read

1. Differences Between an Addendum and an Amendment
2. In Real Estate
3. Things to Consider

A contract addendum definition is an attachment to the initial contract, spelling out any modifications or changes.

Within the scope of the construction industry, an addendum may contain supplemental information, such as drawings or diagrams, which further identify the specifics of the job for which the contract exists. Regardless of the industry, it is customary that the addendum, just as with the original contract, obtain the signatures of all relevant parties for it be effectual.

Differences Between an Addendum and an Amendment

Despite their similarities and the terms often being used interchangeably, there are a few key differences between an addendum and an amendment.

• If the work (contract) was considered complete, and an addendum was added sometime later, then it is considered an amendment. The most regularly cited example is, of course, the United States Constitution. When drafted in the 1700s, it was viewed as a finalized document. It was not until years later that amendments were added, covering an array of issues, such as voting rights for women, marriage rights for same-sex couples, and desegregation.
• Meanwhile, addendums are considered as such, when attached to a work (or contract) that is still in process. An example of this could be actors working on a successful Broadway play that the producers have decided to extend; the actors may sign addendums to their original contracts, keeping them with the production beyond what had been the original closing date.

In Real Estate

One often sees contract addendums in the world of real estate. Reasons why a contract addendum may be used include:

• Modification of an original lease or rental agreement. For example, if you initially rent your apartment on your own, but later decide to have a roommate, your landlord may have all of you sign an addendum, stipulating any changes from the original rental agreement, such as an increase in rent.
• A Purchase and Sale Agreement may be used in the purchase of a home or piece of property. Such an addendum is used if there are changes to be made after drafting the original contract. For example, perhaps the potential home buyers wish the sellers to remove the swing set in the backyard, or perhaps the sellers are no longer including the chandelier in the dining room as part of the sale of the home.
• An addendum may also spell out various, “what if” scenarios. For example, the addendum will provide information regarding the seller's rights, should the prospective buyer not be able to obtain adequate financing by a certain date, or what the buyer's rights are if, after a home inspection, there are issues or problems found.

Addendums are frequently used in construction contracts, as they allow for changes to the initial contract without having to completely rewrite the document. For example, a contractor may add an addendum to a contract, upon breaking ground on a new development site, only to find that the ground is quite wet. This may require additional work to be done by the contractor to ensure that the foundation can be properly laid, so an addendum is added to the contract.

When creating an addendum to your contract, there are a number of things you will want to keep in mind, to ensure that it is enforceable, down the road.

• All parties must agree to the terms of the addendum. This is one of the reasons as to why, much as with the initial contract, addendums must be signed by all relevant parties. If all parties do not agree and do not sign accordingly, then an addendum may not be able to be enforced.
• Discuss, in advance, anything to be included in the addendum. This will include all involved parties to ensure that everyone is in full agreement and understanding before new documents are created.
• What additional exchanges or promises will be made? This is customary in addendums, as often, the reasons they are needed may require additional work, which may result in additional payment. For example, to use the aforementioned situation of the contractor who needs to do additional work before laying the foundation of a new building, time equals money; what is the financial promise that the developer or property owner is going to offer for this additional work?

If you need help with contract addendums, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

• Construction Agreement means the proposed building agreement between the Company and a proposed builder substantially in the form of the draft agreement a copy of which has been signed on behalf of the Authority and the Company for the purposes of identification;

• Construction Agreements means agreements to which Tenant is a party for Construction Work, rehabilitation, alteration, repair, replacement or demolition performed pursuant to this Lease.

• Construction Service Agreement means either an Interconnection Construction Service Agreement or an Upgrade Construction Service Agreement.

• Construction Phase means that Phase of the Project which shall commence after the Authority provides the Trade Contractor with written Notice to Proceed with the Construction Phase.

• Construction Phase Services means the coordination, implementation and execution of the Work required by this Agreement, which are further defined in Article 8.

• Construction sign means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended.

• Construction Plant means all machinery, appliances or things of whatsoever nature, required for the execution, completion or maintenance of the works, but does not include material or other things, intended to form or forming part of the permanent works.

• Construction Work means all necessary action for the development, construction, renovation, furnishing, equipping and implementation of the Plans and Designs for the Hotel.

• construction site means a workplace where construction work is being performed;

• Construction Budget means the fully-budgeted costs for the acquisition and construction of a given piece of real property (including without limitation, the cost of acquiring such piece of real property (except to the extent any portion thereof is Unimproved Land), reserves for construction interest and operating deficits, tenant improvements, leasing commissions, and infrastructure costs), as reasonably determined by the Borrower in good faith. Real property under construction to be (but not yet) acquired by the Borrower or a Subsidiary upon completion of construction pursuant to a contract in which the seller of such real property is required to complete construction prior to, and as a condition precedent to, such acquisition, shall be subject to this definition.

• Addendum means a written official modification to an IFB.

• Addenda/Addendum means supplemental additions, deletions, and modifications to the provisions of the RFQ after the Advertisement date of the RFQ.

• Interconnection Construction Service Agreement means the agreement entered into by an Interconnection Customer, Interconnected Transmission Owner and the Transmission Provider pursuant to Tariff, Part VI, Subpart B and in the form set forth in Tariff, Attachment P, relating to construction of Attachment Facilities, Network Upgrades, and/or Local Upgrades and coordination of the construction and interconnection of an associated Customer Facility. A separate Interconnection Construction Service Agreement will be executed with each Transmission Owner that is responsible for construction of any Attachment Facilities, Network Upgrades, or Local Upgrades associated with interconnection of a Customer Facility. Interconnection Customer:

• Addendum / Addenda means a change, or addition, or correction significant enough to be formally made to this RFP. Addenda are posted on the City websites.

• Addenda/Addendum means supplemental additions, deletions, and modifications to the provisions of the RFP after the release date of the RFP.

• Construction Schedule means a schedule of construction or rehabilitation progress with the anticipated commencement and completion dates of each phase of construction or rehabilitation, as the case may be, and the anticipated date and amounts of each Disbursement for the same, as approved by Funding Lender, as assignee of the Governmental Lender.

• Work Letter means the work letter between Landlord and Tenant regarding the construction of the Tenant Improvements, if any, in the form of Exhibit C.

• Construction Management Agreement means the Construction Management Agreement dated as of October 2, 2000 between BNPLC and NAI, as such Management Agreement may be extended, supplemented, amended, restated or otherwise modified from time to time in accordance with its terms.

• Construction Contract is defined in the preamble.

• Residential construction means construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes, and includes real property pursuant to chapter 499B.

• Construction Plans means plans, drawings, specifications and related documents, and construction schedules for the construction of the Work, together with all supplements, amendments or corrections, submitted by the Developer and approved by the City in accordance with applicable law.

• Construction project means any work carried out in connection with the construction, alteration, conversion, fitting‑out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure where the cost of the work is $250 000 or more;

• Construction Contractor means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person receiving consideration for the general supervision and/or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract.

• Construction Works means all works and things necessary to complete the Project in accordance with this Agreement;

• Construction Loan Agreement means an agreement by and between Owner, as borrower thereunder, and Hydro-Québec Lender, pursuant to which Hydro-Québec Lender shall finance a portion of the Project Costs with loans to Owner on a senior secured basis. Loans under the Construction Loan Agreement, together with contributions to the equity capital of Owner, shall fund all Project Costs in a manner consistent with Owner’s obligations under Section 5.6 and Section 8.3(a).

• Building construction means any physical activity on the site involved in the erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

Construction Addendum Fixed Price Contract for a Home under Construction on Builder’s Lot done and any changes to the contract price (each, a “Change Order”).","With respect to matters not specifically related to the Premises or its development, this Construction Addendum shall be governed by the laws of the state where the Premises is located.","The Preliminary Statement set forth at the beginning of this Construction Addendum is hereby incorporated herein by reference and is deemed to constitute an integral part of this instrument.","Landlord desires to construct or have constructed certain improvements on the Premises and is entering into this Construction Addendum with Tenant for the purpose of setting forth the terms and conditions under which Tenant shall serve as developer in connection with the Project (as that term is defined hereinbelow).","Landlord and Tenant have caused this Construction Addendum to be executed and sealed as of the date first above written.","All such replacement property shall be deemed to be incorporated immediately into and to constitute an integral portion of the Collateral and, as such, shall be subject to the terms of the Construction Addendum, the Borrower Documents, or the Guarantor Documents, as applicable.","This Construction Addendum and the Lease Agreement of which this Construction Addendum is a part constitute the entire agreement of Landlord and Tenant with respect to the development of the Premises, and supersedes any prior or contemporaneous agreement with respect thereto.","The funds to be advanced by Landlord pursuant to this Construction Addendum shall at no time in the aggregate exceed $________________ (the "Funding Limitation"), minus the purchase price Landlord paid at closing for the acquisition of the Premises, including Landlord's acquisition costs and closing costs.","Capitalized terms used in the Lease Agreement shall have the same meaning in this Construction Addendum unless otherwise defined."],"id":"construction-addendum","title":"Construction Addendum"},"groups":[{"snippet":"means the Construction Addendum to this Agreement attached as Exhibit H.","size":2,"snippetLinks":[{"key":"the-construction","type":"clause","offset":[6,22]},{"key":"to-this-agreement","type":"clause","offset":[32,49]},{"key":"attached","type":"clause","offset":[50,58]},{"key":"exhibit","type":"clause","offset":[62,69]}],"samples":[{"uri":"https://www.westlafayette.in.gov/egov/documents/1275682474_179382.pdf","label":"Purchase and Loan Agreement","score":21},{"uri":"https://www.westlafayette.in.gov/egov/documents/1275401212_1495.pdf","label":"Purchase and Loan Agreement","score":21},{"uri":"https://www.westlafayette.in.gov/egov/docs/1275401212_1495.pdf","label":"Purchase and Loan Agreement","score":21}],"hash":"9d7f07e0b899a45f24f49a4e64f7a479","id":1},{"snippet":"means that certain addendum to this Agreement, executed by the Authority and the Developer, establishing the procedures to be followed by the Authority and the Developer during the Construction Documents Phase and the Construction Phase, such addendum to be executed and delivered prior to the Pre-Development Phase Outside Date.","size":1,"snippetLinks":[{"key":"that-certain","type":"definition","offset":[6,18]},{"key":"to-this-agreement","type":"clause","offset":[28,45]},{"key":"the-developer","type":"clause","offset":[77,90]},{"key":"establishing","type":"definition","offset":[92,104]},{"key":"procedures-to-be-followed","type":"clause","offset":[109,134]},{"key":"construction-documents-phase","type":"clause","offset":[181,209]},{"key":"construction-phase","type":"clause","offset":[218,236]},{"key":"executed-and-delivered","type":"clause","offset":[258,280]},{"key":"the-pre","type":"clause","offset":[290,297]},{"key":"development-phase","type":"clause","offset":[298,315]},{"key":"outside-date","type":"clause","offset":[316,328]}],"samples":[{"uri":"https://www.vbgov.com/news/Lists/News%20Releases/Attachments/4538/10-22-19%20-%20Dome%20Site%20Development%20Agreement%20-%20FINAL.pdf","label":"Site Development Agreement","score":21}],"hash":"90b58e2d6f25262279e872a6f86895db","id":2},{"snippet":"The Construction Addendum attached hereto as EXHIBIT E.","size":1,"snippetLinks":[{"key":"the-construction","type":"clause","offset":[0,16]},{"key":"attached-hereto-as-exhibit","type":"definition","offset":[26,52]}],"samples":[{"uri":"/contracts/dAr8DfppXIV#construction-addendum","label":"Industrial Lease (Thorne Healthtech, Inc.)","score":19}],"hash":"7c4b3e2986ae8b7f463a9696e7aa6d24","id":3}],"nextCurs":""}} id=pagination-first-page>