We are a small business that does fabrication and installation of custom countertops. We create estimates when bidding projects and ask customers to sign and email them back. However, many customers refuse to sign and only email back stating "Approved" in the email body. In case any issues arise and we don't receive payment will the email suffice to take to court to file a lien? Please advise.
As part of your estimates, you should be including terms and conditions that protect and safeguard you, and having the customers sign off agreeing to the estimate. Since you are providing something that the customer really wants, you have a great deal of leverage.
You may consider placing the terms and conditions on your web site as well, and indicate in your estimate that the web site terms and conditions are incorporated by reference.
Retain a construction attorney to evaluate your situation and to provide advice. The terms and conditions are extremely important and help to control the relationship. So, take advantage of them and your leverage.
Good luck.
Maybe. it would depend on whether you could convince sufficiently the trier of fact ( Judge or Jury ) in a court proceeding where you are trying to enforce what you allege is a contractual agreement where the parties have not actually "signed a contract document ".
The question you should be asking is whether you really want to provide your time and effort on a project where you provide benefit to someone who is as you say "refusing to sign your contract". and you are risking providing that time and effort to someone who is showing obvious signs of not wanting to be contractually bound to pay you.
The word "sketchy " comes to mind.
Might be a good idea to avoid providing time an effort that you are expecting to get paid from sources who are sketchy.