×
INTELLIGENT WORK FORUMS
FOR ENGINEERING PROFESSIONALS

Contact US

Log In

Come Join Us!

Are you an
Engineering professional?
Join Eng-Tips Forums!
  • Talk With Other Members
  • Be Notified Of Responses
    To Your Posts
  • Keyword Search
  • One-Click Access To Your
    Favorite Forums
  • Automated Signatures
    On Your Posts
  • Best Of All, It's Free!

*Eng-Tips's functionality depends on members receiving e-mail. By joining you are opting in to receive e-mail.

Posting Guidelines

Promoting, selling, recruiting, coursework and thesis posting is forbidden.

Students Click Here

Contract Acceptance

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

RE: Contract Acceptance

I would doubt the legality of that one would stand in court... who says the client ever saw the contract?  You could give them a verbal quote, do the service, they pay the bill... they never saw a contract, yet they're somehow supposed to abide by the rules set therein?  I don't think so.

Dan - Owner
http://www.Hi-TecDesigns.com

RE: Contract Acceptance

I am an engineer - my brother is the lawyer..  Call him...
Or any good lawyer in your area..

RE: Contract Acceptance

Legality is a different issue than enforceability.

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

(OP)
Some of the work we do is very quick turn-around.  I guess I just need to be more insistant on getting the contract signed before work is started.

RE: Contract Acceptance

In my law classes, verbal agreement, under the law, is binding.

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
Have you read FAQ731-376: Eng-Tips.com Forum Policies to make the best use of Eng-Tips Forums?

RE: Contract Acceptance

Your professional liability insurance agent will probably give you "free" (you've already paid for it) advice on this.  It is in their best interest that you have contracts.

You asked if it would potentially void the contract. I'm sure it won't void your verbal contract. blllttt

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

Professionally, I do no work without a signed contract, whatever the amount.  

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

(OP)
I guess my rational was that if they were not happy with the service or if they didn't agree with the contract, they wouldn't have paid the bill.

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

It really varries from state to state. You should really dicuss with your attorney, although you may have simalar protection under state law. To answer your question, if the contract is not signed, then there is no agreement on any terms, including that term. However, if you perform work at someones request, you are entitled to reasonable compensation for ther work. If you bill by the hour and your rates are similar to other rates and you have timecards for the work, it would probably be the basis of payment.Some states use the last offer as the contract. enerally the question is is what was the understanding of the parties. Generally the courts if they can find no other basis will award on "Quantum Merrit" which is time & materilas, which brings us back to hourly billings. ne point is that general liability insurance(I do not know if this is true for professional liability insurance)may only be enforcible if threr is a contract betwwen the parites, so for insurance reasons it may behoove the owner to sign the contract.

Red Flag This Post

Please let us know here why this post is inappropriate. Reasons such as off-topic, duplicates, flames, illegal, vulgar, or students posting their homework.

Red Flag Submitted

Thank you for helping keep Eng-Tips Forums free from inappropriate posts.
The Eng-Tips staff will check this out and take appropriate action.

Reply To This Thread

Posting in the Eng-Tips forums is a member-only feature.

Click Here to join Eng-Tips and talk with other members! Already a Member? Login


Resources

Low-Volume Rapid Injection Molding With 3D Printed Molds
Learn methods and guidelines for using stereolithography (SLA) 3D printed molds in the injection molding process to lower costs and lead time. Discover how this hybrid manufacturing process enables on-demand mold fabrication to quickly produce small batches of thermoplastic parts. Download Now
Design for Additive Manufacturing (DfAM)
Examine how the principles of DfAM upend many of the long-standing rules around manufacturability - allowing engineers and designers to place a part’s function at the center of their design considerations. Download Now
Taking Control of Engineering Documents
This ebook covers tips for creating and managing workflows, security best practices and protection of intellectual property, Cloud vs. on-premise software solutions, CAD file management, compliance, and more. Download Now

Close Box

Join Eng-Tips® Today!

Join your peers on the Internet's largest technical engineering professional community.
It's easy to join and it's free.

Here's Why Members Love Eng-Tips Forums:

Register now while it's still free!

Already a member? Close this window and log in.

Join Us             Close