“This Isn’t What We Agreed To”: What to Do When the Other Side Changes the Terms Mid-Contract

By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC

The contract was signed. The deal was clear. Then—suddenly—the terms changed.

Your vendor added fees. Your tenant skipped required approvals. Your business partner altered the deliverables. And when you objected, they shrugged or ghosted you.

If you’re asking: “Can they just do that?” — the answer is usually no. And you may have strong legal remedies.

What Qualifies as a Breach?

A party that changes the terms without mutual agreement is at serious risk of being in breach — especially if:

• The change affects cost, timeline, scope, access, or deliverables
• You objected and they proceeded anyway
• The new terms were never documented in a signed modification

Verbal approvals or unilateral changes don’t hold up in most NY/NJ courts.

You May Be Able to:

• Enforce the original terms through demand or court action
• Terminate the contract and pursue damages
• Recover extra costs caused by their change in scope or performance

Contracts are not free-for-alls. And businesses are not obligated to absorb surprise changes, escalating fees, or redefined roles.

But Act Fast — Delay Hurts You

• Silence can be used against you as implied consent
• Delay weakens leverage and strengthens their case for “course of conduct”
• Statutory deadlines to sue (3–6 years) can quietly expire

Once you see the change, object in writing — and get legal advice before it becomes the “new normal.”

Let’s Force the Right Conversation

We help clients:

• Review the contract language and correspondence
• Send strategic demands backed by case law
• File suit — or negotiate from a position of strength

📞 If the deal is changing without your consent — let’s fix it before it’s too late.
www.jdelaw.nyc | NY: 718-966-0877 | NJ: 732-490-7120

My business is to protect your business.