What Is An Executed Contract?

An executed contract is a legal agreement between two parties that has been agreed on and officially signed off on. It is one of the most important steps in the contract-making process, as it serves to authenticate the agreement, giving both parties an assurance that the other will fulfill their duties under the contract. In this article, we’ll take a look at what makes an executed contract and how it differs from other types of contracts. We’ll also explore some of the common practices and strategies involved in executing a contract successfully and why such strategies are important.

What is a contract?

A contract is an agreement between two or more parties that creates legally binding obligations. A contract can be written, oral, or implied by the actions of the parties. The essential elements of a contract are an offer, acceptance of the offer, consideration (something of value given by each party to induce the other party to enter into the contract), and a meeting of the minds (an agreement on the terms of the contract).

What is an executed contract?

When you hear the term “executed contract,” it simply means that both parties have signed the document binding them to the terms of the agreement. It’s now a legally binding document. Each party is obligated to uphold their end of the bargain according to the terms of the contract.

If one party backs out or doesn’t uphold their obligations, they may be in breach of contract. This could mean serious consequences, such as having to pay damages to the other party. In some cases, a court may even order specific performance, meaning that the breaching party must still perform their duties under the contract.

It’s important to have everything in writing when it comes to executed contracts. This way, there’s no confusion about what each party is supposed to do. Make sure you understand all the terms before you sign anything!

The difference between an executed and executory contract

An executed contract is a contract where all parties have signed the agreement and are legally bound by its terms. An executory contract is a contract where one or more parties have yet to fulfill their obligations under the agreement.

The main difference between an executed and executory contract is that an executed contract is fully binding while an executory contract is not. This means that if you sign an executed contract, you are agreeing to all the terms and conditions set out in the agreement. If you sign an executory contract, there may be some terms and conditions that you have not agreed to yet.

Another difference between these two types of contracts is that an executed contract is typically used for simple agreements, whileexecutory contracts are often used for more complex agreements. This is because an executed contract only requires all parties to sign the agreement, whereas an executory contract may require additional steps to be taken before it becomes fully binding.

It’s important to note that even though an executed contract is binding, this does not mean that it can never be changed. If both parties agree to make changes to the contract, they can do so by signing a new agreement with the updated terms and conditions. However, if one party wants to make changes and the other party does not agree, then the original contract will remain in effect.

The benefits of an executed contract

An executed contract is a contract that has been fully performed by all parties. Executed contracts are binding and enforceable in court.

There are many benefits to having an executed contract, including:

1. certainty and predictability of outcome – an executed contract provides certainty as to what will happen and how things will play out. This can be helpful in avoiding disputes and misunderstandings down the road.

2. greater legal protections – an executed contract gives all parties involved greater legal protections. This means that if there is a dispute, it is more likely to be resolved in your favor if you have a valid, executed contract in place.

3. peace of mind – knowing that you have a legally binding agreement in place can give you peace of mind and help you sleep better at night!

4. better negotiation position – when you have an executed contract, you will usually be in a better position to negotiate with the other party (or parties) involved. This is because the other party will know that you are serious about the agreement and that they cannot simply back out or change the terms at will.

The challenges of an executed contract

An executed contract is a legally binding agreement between two parties. This means that both parties are held to the terms of the contract and can be sued if they fail to uphold their end of the bargain.

While an executed contract can offer many benefits, it also comes with some challenges. For one, both parties must be clear on the terms of the agreement before it can be signed. This can often be difficult to achieve, especially if the contract is complex.

Another challenge with an executed contract is enforcing its terms. If one party breach the agreement, the other party may have to take legal action to recover damages. This can be costly and time-consuming, and there is no guarantee that the court will rule in your favor.

How to create an executed contract

Assuming you’ve already found a buyer for your product or service, the next step is to create an executed contract. This document formalizes the agreement between you and the other party, and outlines the expectations for both sides.

Here’s how to create an executed contract:

1. Write up the terms of the agreement. Include all relevant details, such as what each party is responsible for, deadlines, etc.

2. Both parties should sign the contract. Make sure each person has a copy of the signed document.

3. File the executed contract in a safe place. You’ll want to be able to reference it later if there are any issues with performance or payment.


In conclusion, an executed contract is a document that has been fully agreed upon by all parties involved and signed off on. While it may vary depending on the type of contract being negotiated, an executed contract will typically include terms and conditions both parties have agreed to abide by as well as signatures from each party. It’s important to ensure that any contracts you execute are done so carefully in order to avoid potential disputes or misunderstandings down the line.

Want to find out more about procurement?

Access more blogs, articles and FAQ's relating to procurement

Oboloo transparent

The smarter way to have full visibility & control of your suppliers


Feel free to contact us here. Our support team will get back to you as soon as possible

Oboloo transparent

The smarter way to have full visibility & control of your suppliers


Feel free to contact us here. Our support team will get back to you as soon as possible

© 2023 oboloo Limited. All rights reserved. Republication or redistribution of oboloo content, including by framing or similar means, is prohibited without the prior written consent of oboloo Limited. oboloo, Be Supplier Smart and the oboloo logo are registered trademarks of oboloo Limited and its affiliated companies. Trademark numbers: UK00003466421 & UK00003575938 Company Number 12420854. ICO Reference Number: ZA764971