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Is a verbal contract, complete with a handshake, binding?
Dallas, TX
Viewed 92 times.
Posted 3 months ago in Contracts / Agreements
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A bid was verbally accepted by the owner of company providing service by the company representaive who requested the bid, and work was started over a weekend. The person accepting the bid showed up to observe the work being done for about an hour, conversing with the workers. An upgrade to the work was discussed, faxed over (new price) and again, verbally accepted by same person to owner of company performing work.
Upon notification by owner of service company that work would again commense over a holiday weekend, the person who previously accepted the bid and upgrade, said he never authorized the work, denied doing such denied ever seeing the workers there and indicated there would be no payment. (for the 2 days of work already done.) How do I proceed? I just want to pay my guys. Answers (1)
Yasha Heidari
This attorney is licensed in Georgia.
Posted 3 months ago.
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I'm not sure about the laws of Texas, but generally, oral contracts are binding. The difficulty with oral contracts is proving their existence. However, in your situation, it appears that your worker actually performed some work for the company. Not only is this useful to evince the existence of a contract, but you may have a claim for a "contract implied in fact."
You should speak with a local litigation attorney. Perhaps a strong letter could convince the company to pay for the services performed. Good luck. DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Indeed, my analysis is always based on the laws of Georgia, and your jurisdiction might have substantially different laws and requirements. As such, you should always contact an attorney that practices in your local area. |
