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Deed of Variation
I need a Deed of Variation to amend the terms of an existing lease agreement, specifically to extend the lease term by an additional two years and adjust the rental payment schedule to quarterly installments.
What is a Deed of Variation?
A Deed of Variation lets parties legally modify an existing contract or agreement without creating an entirely new one. In UAE business practice, these deeds help companies adapt their contracts when circumstances change, while keeping the original agreement's core structure intact.
Under UAE Civil Code, these modifications must be in writing and signed by all involved parties to be legally binding. Common uses include updating payment terms, extending deadlines, or adjusting delivery schedules in commercial contracts. The deed becomes part of the original agreement, making it especially useful for UAE companies looking to maintain business relationships while adapting to new conditions.
When should you use a Deed of Variation?
Use a Deed of Variation when you need to update an existing contract without starting from scratch. Common situations in UAE business include adjusting payment schedules, extending project deadlines, or modifying delivery terms—especially in construction and real estate contracts where conditions often evolve during long-term projects.
It's particularly valuable when all parties agree to the changes and want to maintain their business relationship. Under UAE law, this approach saves time and money compared to drafting new agreements, while preserving the original contract's legal framework. Many UAE companies use these deeds during economic shifts or when adapting to new market conditions.
What are the different types of Deed of Variation?
- Basic Contractual Changes: Simple variations that modify specific terms like dates, prices, or payment schedules while keeping the original agreement intact
- Project Extension Deeds: Commonly used in UAE construction projects to adjust timelines, milestones, and delivery schedules
- Financial Restructuring Variations: Modify payment terms, interest rates, or financial obligations in commercial agreements
- Scope Modification Deeds: Adjust project specifications or deliverables in service contracts while maintaining core obligations
- Party Amendment Deeds: Handle changes in contracting parties, such as company name changes or assignment of rights under UAE law
Who should typically use a Deed of Variation?
- Contract Parties: Original signatories to the agreement who must mutually agree to and sign the Deed of Variation
- Corporate Legal Teams: Draft and review variations to ensure compliance with UAE law and protect company interests
- Real Estate Developers: Often use these deeds to modify project terms, especially in large UAE construction projects
- Business Owners: Small to medium enterprises adapting commercial agreements to changing market conditions
- Legal Consultants: External advisors who help structure variations for complex agreements under UAE regulations
- Company Directors: Authorize and execute variations on behalf of their organizations
How do you write a Deed of Variation?
- Original Agreement: Locate and review the complete original contract, noting sections requiring modification
- Party Details: Confirm current legal names and authority of all signatories under UAE law
- Proposed Changes: List specific terms being modified, ensuring clarity and alignment with UAE regulations
- Business Justification: Document reasons for variations to support legal validity
- Timing Requirements: Set realistic deadlines for drafting, review, and execution
- Supporting Documents: Gather any relevant correspondence, board approvals, or corporate authorizations
- Legal Requirements: Use our platform to generate a compliant deed that meets UAE legal standards
What should be included in a Deed of Variation?
- Reference Details: Clear identification of the original agreement being varied, including date and parties
- Variation Terms: Precise description of modifications, highlighting new or amended clauses
- Effective Date: Specific date when variations take effect under UAE law
- Continuing Effect: Statement confirming unmodified terms remain valid and binding
- Governing Law: Express reference to UAE law and jurisdiction
- Execution Block: Signature spaces for all parties, with company stamps where required
- Arabic Translation: Dual language format if required for UAE court submission
- Consideration Clause: Statement of mutual benefit or consideration under UAE contract law
What's the difference between a Deed of Variation and a Deed of Rectification?
A Deed of Variation differs significantly from a Deed of Rectification in both purpose and application under UAE law. While both modify existing agreements, they serve distinct functions in contract management.
- Purpose: A Deed of Variation intentionally changes agreed terms for future effect, while a Deed of Rectification corrects errors or mistakes in the original document
- Timing Effect: Variations apply from a specified future date, whereas rectifications typically operate retrospectively from the original agreement date
- Legal Scope: Variations can introduce new terms or substantially modify existing ones, but rectifications are limited to fixing clear mistakes or omissions
- Evidence Requirements: Variations need only mutual agreement, while rectifications must prove the original document failed to reflect true intentions
- Court Treatment: UAE courts view variations as new contractual terms but treat rectifications as corrections of existing ones
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