Done Deal: Unsigned Proposal Can Be Enforceable Contract

by | Jun 1, 2013 | Contracts, Getting Paid

It often happens. After a contractor submits his proposal, the parties continue to negotiate, refining both the scope of the work and the final price. But while this is taking place, the contractor may begin to lay out the work and deliver some materials. Before you know it, although nothing has been signed, not only is some of the initial work getting done but even some payments are being made. Is there a contract in place?

In a recent case, the court said yes, finding that an unsigned proposal can become a valid contract if the parties ratify the transaction by their behavior. Actions can speak louder than words.

Knowledge is king in every undertaking and it is no different when it comes to Florida Lien Law. Keeping up to date with legislative changes, critical court decisions, and current construction lien law is something construction executives and design professionals must do regularly to remain effective managers as they work hard to turn concepts into drawings and blueprints into well-built projects. Where it now has become common to believe that any discovered deficiency must be the result of someone else’s acts or omissions, the idea of avoiding potential risks is today more important than ever.

Published by the construction lawyers at The Barthet Firm in Miami, is a collection of Florida Lien Law alerts and articles, many reprinted from their initial publication in industry journals. It provides information helpful to contractors, subcontractors, material suppliers, architects, engineers and anyone else dealing with a mechanics lien issue, construction contracts, or construction bonds, especially in South Florida.

Managing job site discrepancies and those unavoidable change orders while correctly interpreting construction contract terms can provide an edge – something much appreciated in this always competitive business. This is but one step in that process. Read on.

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