Ergänzungsvereinbarung

Ergänzungsvereinbarung is a supplementary agreement that modifies, extends, or clarifies provisions of an existing contract. It is typically used when circumstances change, details were omitted in the original agreement, or tasks, deliverables, or prices require adjustment. The instrument is not a standalone contract but forms part of the overall agreement between the parties.

The legal basis for an Ergänzungsvereinbarung is the general rules of contract law. The parties must consent to the changes, and the form requirements of the original contract may apply if the contract itself specifies a particular form (for example, written or notarial). To be effective, the supplementary agreement should clearly identify the underlying contract (title, date, parties) and specify exactly what terms are changed or added, as well as the effective date and, if applicable, duration.

Typical contents include changes to scope or performance, quantities, delivery schedules, pricing, payment terms, responsibilities, or risk allocation. It may also add annexes, service descriptions, or regulatory requirements. Examples include extending a contract term, increasing or reducing volumes, adjusting tariffs, or clarifying responsibilities to avoid ambiguity.

Effects and risk management: an Ergänzungsvereinbarung generally integrates into the original contract and is binding on the same parties. It can affect related terms, such as deadlines or dispute resolution. Practical considerations include ensuring precise references to the original contract, avoiding contradictions with existing terms, and obtaining necessary signatures or formalities to ensure enforceability.