Like many other homeowners, you may have made the mistake of failing to prepare or sign a written contract before hiring a contractor, trusting them to get the job done, or thinking that they are only working on a small project.
Unfortunately, failure to do so can make it difficult to resolve any issues when they arise. This leads many homeowners to ask: is it possible to sue a contractor without a written contract? Below are some facts regarding this topic.
Oral Contracts Are Legally Enforceable
Oral contracts are legally enforceable. This means that you can sue a contractor for breach of contract, even without having a version in writing. However, for your lawsuit to be successful, you must prove that there was a binding agreement in place. The legally binding verbal agreement must have the following fundamental elements;
- An offer: It must be made by one of the involved parties.
- Acceptance: The other parties involved in the oral contract must accept the terms of the offer.
- Meeting of the minds: All parties involved must understand that the contract was formed and must freely consent to the terms of the agreement.
- Consideration: It is the value offered in return for the goods or services provided. It is usually monetary, but you may also offer a product or service in return.
Besides the above elements, a binding oral agreement must have clear terms and a lawful purpose. If the verbal agreement made with your contractor contained the above elements, you could pursue legal action for a breach.
When To Pursue Legal Action
There are various circumstances under which you can pursue legal action regarding your oral contract. They include the following;
1. Damage Or Loss Of Property
If the construction contractor damages or loses your property while on the job, you can seek compensation to offset this loss.
2. Breach Of Contract
If the contractor breaches the terms stated in your oral contract, you can pursue legal action.
3. Deceptive Or Misleading Conduct
It is advisable to seek legal action if the contractor engages in deceptive or misleading conduct.
Challenges In Using A Contractor Without A Written Contract
Although it is possible to sue for breach of an oral contract, it presents challenging evidentiary questions for the judge. As the plaintiff, you must prove that you entered into the alleged contract and that the contractor did not meet specific obligations as agreed.
A good starting point can be the fact that the contractor showed up at your house and did some work. There is physical evidence for the adjustments made on your property, so it is unlikely that they disagree with this. This fact can serve as evidence that you had entered into an oral agreement beforehand. Proof of any partial payments or deposits that you made to the contractor are also helpful in determining the case’s verdict.
Depending on the specifics of your case, you may need to provide additional evidence such as a witness to your one-on-one conversations, email conversations you engaged in, and perhaps samples of the work they had promised to deliver.
Similarly, your contractor would be required to present witnesses, show email conversations or any other proof of the reasonable value of their services if they want to sue you for any alleged money that you failed to pay.
Beware Of The Statute Of Limitations
In the state of Virginia, the legal limit on how long you can wait before suing is shorter for oral agreements than it is for written contracts. These time limits are outlined in the statute of limitations.
Oral contracts have a shorter statute of limitations based on the belief that oral agreements may be forgotten over time. It is therefore essential that you file the suit as soon as possible.
Conclusion
Ultimately, it is possible to sue a contractor who failed to deliver satisfactory results without a written contract. However, to be successful, you must prove that the oral contract had all the necessary elements to make it legally binding.
You may also face several challenges in the suit, such as identifying the terms agreed upon when making the oral contract and the statute of limitations. Therefore, it is advisable that you sign a written contract before a contractor begins any project on your premises.
If you are looking to sue a contractor without a written contract, seek the help of a qualified and experienced attorney to guide you through the process and represent you during court proceedings, if necessary.
Read more about: how to file a claim against a contractor and home building dispute lawyers