When there are amendments within a JCT does this cause problems and what are the concerns we should be aware of?

Amendments do have the potential to cause problems for either party to a contract. When agreeing to any amendments considerable thought should be given to what each amendment could potentially mean in the long term, and what implications it may have for either party were anything to go wrong.

The English Courts have also been very clear in setting a precedent that they will not interfere should a party freely agree to terms within a contract that turn out to be “unfair” or “a bad bargain” for either one of the parties. Therefore, it is of the utmost importance that special consideration is given when agreeing to any amended terms.

Finally, the party who drafts the amendments must be aware of the Latin term contra proferentem which translates as “interpretation against the draftsmen”. This legal rule provides that where a promise, agreement or term within a contract is ambiguous, the courts will infer that the preferred meaning will be the one which works against the party who provided the wording. Therefore, it is of utmost importance when drafting amendments to a contract that the amendments are clear and that there is no ambiguity with regards to the meaning of the amendment.

A useful tip would be that if you are inserting an amendment, then always track through the document to see how it affects all other clauses, as you may need to make further amendments to allow for this impact.