Q: Will an oral contract revision to a written contract hold up in court?

A: Quite simply, you will need to contact attorneys directly to find one that is right for you. I am sure you will have no problem finding attorneys who claim they are intimately acquainted with Civil Code 1689. My best to you. Rob Kane Orange County Business Lawyer.

A: In California, oral modifications to written contracts can be legally binding, but enforceability depends on several key factors. Your situation involves careful consideration of both contract law fundamentals and specific California statutes.

The general principle is that parties can modify written contracts orally, even when the original agreement contains a clause requiring written modifications. California Civil Code 1689 and related case law have established that subsequent oral agreements, followed by actions demonstrating reliance on those modifications (as in your case), can override written-only modification requirements. Your description of taking action based on the oral revision strengthens your position significantly.

However, you would benefit from working with a contract attorney in California to document the oral modification and your subsequent actions thoroughly. Because proving oral modifications in court requires clear evidence of mutual agreement and consideration, your attorney can help gather documentation of communications, witness statements, and records of actions taken in reliance on the modification. You can find qualified legal help through the California State Bar referral service or by contacting your local county bar association for recommendations.