Can a contract be unilaterally changed?
August 19, 2022 | 30,00 EUR | answered by Konrad Höfer
Dear lawyer,
I am reaching out to you because I recently entered into a contract with a service provider and now find myself in an unexpected situation. All services and conditions were clearly outlined in the contract, however, the service provider has now proposed to unilaterally change certain clauses. I am unsure if this is legally permissible and what consequences this could have for me.
The situation is as follows: I hired the service provider to perform certain tasks for me. The contract was signed and both parties adhered to the conditions outlined therein. Now, the service provider wants to change some clauses that are of great importance to me, as they directly impact the quality of the services provided.
I am concerned that the unilateral change to the contract could affect my rights as a customer and wonder if I have to agree to it or if I can oppose it. I want to ensure that I am not disadvantaged and that the service provider continues to provide the services agreed upon in the contract.
Can you please explain to me if it is legally permissible to unilaterally amend a contract? What options do I have as a customer to defend myself against such changes? Are there any legal steps I can take to protect my interests?
Thank you in advance for your support.
Sincerely,
Lilli Engel
Dear Mrs. Engel,
Thank you for your inquiry regarding the unilateral amendment of a contract by a service provider. I understand your concerns and would like to help by explaining the legal aspects of this issue to you.
In general, it is not permissible to unilaterally amend a contract that has already been concluded, unless a corresponding agreement has been made or there is a legal basis for it. In most cases, contracts are binding and should be adhered to by both parties. Therefore, if the service provider proposes to change certain clauses in the contract without your consent, this is legally questionable.
As a customer, you have various options to defend yourself against such unilateral contract changes. First, you should inform the service provider in writing that you do not agree with the proposed changes and wish for the contract to continue in its current form. Clearly state your reasons and demand that the service provider fulfill their contractual obligations.
If the service provider still unilaterally amends the clauses, you may consider taking legal action to protect your interests. One option would be to hire a lawyer to assess the situation and potentially file a lawsuit against the service provider. In such a case, it would need to be determined in court whether the unilateral contract amendment was lawful and whether you are entitled to damages or other legal consequences.
It is important that you defend your rights as a customer and do not simply accept unfair contract amendments. If you have any further questions or need legal advice, I am happy to assist.
Best regards,
Konrad Höfer
Attorney at Law
