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Verbal agreement + unsigned contract = small claims court

CaliforniaConstruction Contract

Our verbal requests (completion date and thin grout lines), we're not included on an invoice that we signed and paid the deposit from. We never received the expected contract, but rather an emailed copy of the same unsigned invoice. We were told it WAS the contract. When the job was finished, the 3 day job took 10 days to complete, and the job was not done to our requested specs. Do our verbal requests and the fact that it was an unsigned invoice give us any leverage in small claims court?

2 replies

Oct 9, 2019
An agreement doesn't need to be a formal document in order to be considered a contract. As long as the document contains an offer, the acceptance of that offer, and consideration (exchange of goods, services, and/or currency) - the document may, in fact, constitute a contract. So, potentially, a signed invoice might be considered a contract. And, if that's the case, verbal requests or assurances might not be considered part of that agreement. With that being said, if this was a residential construction project, there's a chance that the requirements of a California Home Improvement Contract weren't met. And, if that's the case, then the agreement might not be binding and enforceable. You can learn more about California home improvement contracts here: California Home Improvement Contracts Require Specific Language [Free Download]. Further, note that California is also incredibly strict about licensure. And, if a contractor has been acting unprofessionally and failing to provide proper documents, there's a chance they might not be licensed. And, if an unlicensed contractor has performed work for which a license is required, then they may not be able to recover payment for their work. More on that here: California Contractors License and the CSLB: Understanding the Rules. And, if you're unsure of whether your contractor holds the proper licensure, here's a search tool from the CSLB: Check a Contractor License.
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Oct 10, 2019
<span style="color: #5b7084; font-family: Lato, sans-serif;"><span style="caret-color: #5b7084;">I have read the specific language required in the Home Imp. Contract. Our invoice, unsigned by the contractor, did not include many of the mandatory language. But it still doesn't </span></span><span style="caret-color: #5b7084; color: #5b7084; font-family: Lato, sans-serif;">answer the question whether it makes the contract unenforceable...as you suggested. </span> <span style="caret-color: #5b7084; color: #5b7084; font-family: Lato, sans-serif;">"And, if that’s the case, then the agreement might not be binding and enforceable." </span>
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