Home>Levelset Community>Legal Help>Does a verbal contract and text messages usable in court for a contract.

Does a verbal contract and text messages usable in court for a contract.

I am a small company hired directly to do some work in Fl for a daycare. The owner spoke to me the owner and texted me and added work after contract was completed. Now saying all work was listed On contract. And will not pay for work already completed. Can you guide Me of options.

1 reply

Feb 14, 2020

If there's a written contract for work, then any and all change orders should be made in accordance with what that contract requires. If the written contract doesn't lay out a specific change order process, then change orders should generally be made in writing and signed by the owner. While that seems like overkill, it's for good reason - when there's a written contract, courts will typically assume that written contract contains all of the relevant information for the project, and they usually won't look at/listen to alleged alterations to the contract. So, if there is a written contract and that contract has purportedly been edited by a text message, then it might be an uphill battle to recover payment for that work. If there was no written contract to begin with, then something like a text message might be easier to accept as a basis for making a claim.

Recovery options for change orders

First, it's worth noting that jumping straight to legal action and the courts isn't always the best way to go about recovering a debt. Instead, less-official options - like sending invoice reminders, demand letters, or even threatening to make a lien claim - could all be effective. Showing the customer that you're serious about getting paid and willing to do what it takes to make sure that it happens can help force an owner to change their tune - especially if the claimant has documentation of all communications that established the need for additional work. Further, even if threats or demands aren't enough to force payment, pursuing a mechanics lien might be another recovery option that's preferable to filing a lawsuit. Mechanics lien filings are powerful tools that typically force payment without the need for further legal action. And, pursuing a lien filing will usually be a lot less expensive than pursuing a lawsuit. The change order considerations mentioned in the first section of this answer are important to keep in mind, though. And, here's some additional info on mechanics liens and change orders: Change Order Form — Free Template Download and Best Practices.

Legal recovery options

If there was no written contract, pursuing breach of contract claims and enforcing agreements made over text messages would likely be easier. And, if so, tacking on claims under the Florida prompt payment laws might be an option as well. But, even if there's no contractual basis for the work, pursuing a claim under a theory like unjust enrichment might be possible. Ultimately, for the most clarity on what options will be available, it'd be a good idea to consult a local Florida construction attorney. They'd be able to review your project information and relevant circumstances and advise on the best options for moving forward.

0 people found this helpful

Helpful