Commercial relationships often change after a contract is signed. A client may request extra work, a supplier may need a different specification, or the parties may agree to extend a deadline. If these changes are handled through informal emails or conversations, the parties may later disagree about scope, price, authority or completion.
Under the Albanian Civil Code, agreements and obligations should be assessed according to their terms, the applicable law and the parties’ conduct. The safest approach is to document every material variation through a clear written mechanism that is consistent with the original contract.
Check the original contract first
Before accepting a change, review the clauses on amendments, notices, authorised representatives, pricing, deadlines and acceptance. Some contracts require a signed addendum; others allow a written change order issued under a defined procedure. A casual instruction from an operational employee may not bind the company if that person lacks authority.
Define the change precisely
- the work, goods or services being added, removed or modified;
- the revised price, currency, taxes and payment milestones;
- the impact on delivery dates and dependencies;
- new assumptions, specifications and acceptance criteria;
- the effect on warranties, liability and existing obligations;
- the person authorised to approve the variation.
The document should state whether all other terms remain unchanged and should identify the original agreement by date and parties. If several changes have accumulated, a consolidated addendum may be safer than scattered correspondence.
Do not start extra work without commercial clarity
A contractor who begins additional work before price and time are agreed may struggle to recover the extra cost. A client who gives an informal instruction may face an unexpected invoice or delay claim. A simple approval workflow—request, quotation, impact assessment, written approval and implementation—reduces both risks.
Keep a reliable evidence trail
Store the change request, supporting documents, revised programme, approvals and evidence of completion in one file. Email can support the record, but the parties should use the formal notice addresses and signature rules in the contract. For significant changes, verify signing authority and corporate approvals.
When a variation becomes a new transaction
A change may be so extensive that it alters the economic or legal nature of the original deal. In that case, a replacement agreement may be more appropriate than another addendum. Regulatory approvals, procurement rules, tax treatment or financing conditions may also need a fresh review.
Disputes and termination
The variation should explain how delays caused by the change are treated and whether either party may suspend or terminate if the revised conditions are not met. Governing law, jurisdiction and dispute-resolution provisions should remain aligned with the original contract.
Alba Legal assists businesses and investors in Albania with contract amendments, change orders, addenda, negotiation records and authority checks. Early documentation protects the commercial relationship and makes later enforcement substantially clearer.
This article provides general information and is not legal advice for a specific transaction.
