Is a written contract always necessary?

[alligatorob]

What is the name of your state? Florida

In my part of the country contractors do not like written contracts. This is a very rural area, and people still seem to believe a handshake is all they need. I have had remodeling and construction work done varying from less than $1000 to over $100,000 and never could get anyone to sign anything.

What I do is to put everything in writing in a letter to the contractor; our original agreement and any changes. I include in these letters words to the effect that this was my understanding of what we agreed to on ……date and you are authorized to go ahead. I do not make deposit or advance payments. I require sub contractor lien releases before I make payment to the prime, and I inspect the job before final payment. I always pay by check. For big things I only work with licensed contractors.

To date this process has worked well for me; I really have not had any problems. I am about to embark on another project. Is this a legally sound way to be doing business or am I risking problems down the line.

 

[Souix]

I don't think its a legally sound way to do business. So far, it sounds like you have been lucky. My husband always forgets to put things in writing. Last year we had a friend build a new horse barn for us. It was built by a good friend of ours who is also a licensed contractor. My husband didn't think he had to get anyting in writing because of their friendship and he trusted the guy. So now the barn is finished except for the gutters, because our friend claims that wasn't part of the agreement. My husband got nothing in writing to even know what the agreement was....yes I did say something, but whats done is done.

My motto has always been "Can I get that in writing?"

 

[HomeGuru]

What is the name of your state? Florida

In my part of the country contractors do not like written contracts. This is a very rural area, and people still seem to believe a handshake is all they need. I have had remodeling and construction work done varying from less than $1000 to over $100,000 and never could get anyone to sign anything.

**A: then it appears that you have been working with the wrong type of contractors.
********

What I do is to put everything in writing in a letter to the contractor; our original agreement and any changes. I include in these letters words to the effect that this was my understanding of what we agreed to on ……date and you are authorized to go ahead. I do not make deposit or advance payments. I require sub contractor lien releases before I make payment to the prime, and I inspect the job before final payment. I always pay by check. For big things I only work with licensed contractors.

To date this process has worked well for me; I really have not had any problems. I am about to embark on another project. Is this a legally sound way to be doing business or am I risking problems down the line.

**A: if you check with the State contractor's licesning board and the consumer protection office, they will tell you that your methods leave room for problems.
Big problems.

 

[HomeGuru]

I don't think its a legally sound way to do business. So far, it sounds like you have been lucky. My husband always forgets to put things in writing. Last year we had a friend build a new horse barn for us. It was built by a good friend of ours who is also a licensed contractor. My husband didn't think he had to get anyting in writing because of their friendship and he trusted the guy. So now the barn is finished except for the gutters, because our friend claims that wasn't part of the agreement. My husband got nothing in writing to even know what the agreement was....yes I did say something, but whats done is done.

My motto has always been "Can I get that in writing?"

**A: very sound advice.