Contract Acceptance
Contract Acceptance
(OP)
I'm not sure if this is the correct forum for this question, but here goes.
I am considering adding a clause in my contract that states that payment for services constitutes acceptance of the terms and conditions of the contract regardless of it being signed by the client.
Is this legal or would it potentially void the contract? How do you handle it if you do not get a signed contract, but do the work and get paid for it?
Thanks in advance.
Eric
I am considering adding a clause in my contract that states that payment for services constitutes acceptance of the terms and conditions of the contract regardless of it being signed by the client.
Is this legal or would it potentially void the contract? How do you handle it if you do not get a signed contract, but do the work and get paid for it?
Thanks in advance.
Eric
RE: Contract Acceptance
Dan - Owner

http://www.Hi-TecDesigns.com
RE: Contract Acceptance
Or any good lawyer in your area..
RE: Contract Acceptance
The clause may not be enforceable, it is legal in the sense that you will not be sent to jail for including it.
I would think that the clause would be enforceable if it was plain and clear on the invoice. You may have a difficult time enforcing it if it is small print on the back of the invoice.
Having said that, I am not a lawyer and not familiar with the court rulings in your jurisdiction, get legal advice since the free advice you receive here is worth what you are paying for it.
On a more practical matter it just may force your clients to sign the actual contract.
Why are you working without the contract signed anyway? ( I don’t mean starting or getting ready to do the work while a couple small points are still under discussion or the actual document is in the mail but working to the point where an invoice is being submitted.)
Rick Kitson MBA P.Eng
Construction Project Management
From conception to completion
www.kitsonengineering.com
RE: Contract Acceptance
RE: Contract Acceptance
The problem comes in the practicality of proving what was agreed to without the paper work.
There are lots of things on many contracts that later prove to be unenforceable, or in some cases, illegal. Hence, usually there is a statement that says something along the lines of "if a portion of this contract is illegal/void, the rest of the contract is still in force".
You can put it in. The legal part of it is usually determined later.
I am not a lawyer.
You should always consult a lawyer when drafting up your standard contract.
"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
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RE: Contract Acceptance
You asked if it would potentially void the contract. I'm sure it won't void your verbal contract.
Let the client know that your insurance company requires signed proposals and then send the contract with the bill, and then pray they don't read the terms and conditions page.
i would be shocked if what you're proposing would stand-up in court. i'm sure you're working in good faith, but i don't trust my credit card company or mortgage provider that much.
RE: Contract Acceptance
Please keep advised though that a signed contract is not a guarantee that you will ever get paid. Even if you go to court and get a favorable decision, you cannot get blood from a turnip.
Mike McCann
McCann Engineering
RE: Contract Acceptance
I have seen clauses like this on contracts before, but as was said before, you never know how the courts or a jury would react to it until it's tested.
RE: Contract Acceptance