We Didn’t Sign It: Do I Have a Contract?

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When you think of a serious contract you probably think of a document on paper signed by both parties. A common conflict with contracts arises when one or both parties don’t sign the contract making the contract seem incomplete. Don’t worry though. Even though both parties didn’t sign the agreement, you might still have a valid contract that can be enforced. 

This type of conflict usually comes up in two situations. The first is when one of the parties claims they have completed their obligations under a contract, but they haven’t. The second common situation is that the parties have agreed to a contract, but now one of the parties does not want to perform. 

denver law firmTo talk about the first situation, let’s use a contractor as an example. Let’s say that you hired a contractor to put up some shelves and then paint them. The shelves are in, but now the contractor is trying to tell you that they won’t paint the shelves. Unfortunately for you, the painting is in the contract, but the contractor didn’t sign his line.

The contractor is arguing that they never agreed to paint the shelves in the first place. That contract would most likely still be valid even though it wasn’t signed by everyone because the contractor started the job you agreed for them to do.

The paper contract would be evidence of the scope of the agreement. Your signature would be evidence that you agreed to have the contractor do the described work, and the contractor performing the work would constitute his agreement to what you signed. You may be entitled to either have the contractor finish the job, or give you money back for the work they did not do. 

We will keep going with our contractor for the second example. This time you agree to the cost of a project and it is time to start work, but the contractor won’t do it. You both agreed to the contract in person and each has a paper copy of the contract, but neither of you signed it.

Even without signatures, the paper contract is probably still valid. In a case like this, the remedy would be a little different than our first example because you may not be able to compel that contractor to perform the contract, but if it costs you more to do the job than it would have with the original contractor you could be entitled to the difference between the contract and what you had to pay. 

These are just two examples and this summary doesn’t describe every legal scenario possible. When you are having a Colorado Contract Issue, it is important to speak with a Denver Contract Lawyer at a Colorado Denver Law Firm.

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