Contract Drafting Tip: Don’t Fear the Pen and Ink Change
December 21, 2001
We’ve all seen contract negotiations resulting in dozens of marked-up
drafts. At last we get to what appears to be the final, pristine, printed
contract with tight margins and carefully spaced words and lines. It’s a work
of art. Then, someone or something comes along with the proverbial last-minute
change. It can’t be ignored, but it threatens "the deadline" for
closing the deal. Panic sets in. You’ve released your secretary to go home,
and your word processing skills are an office joke.
Relax! Don’t fear the pen and ink change. It may blemish your work of art,
but it will be enforceable. In fact, most courts will give preference to
handwritten provisions of a contract over conflicting typewritten provisions.
Though a challenge to some, with a little concentration, most of us can set
aside the effects of too much coffee just long enough to steady the hand and
legibly write or print the last-minute change.
For more information, contact Kevin Kelly via e-mail or at 1-888-688-8500.