Is email agreement binding?

[David1941]

What is the name of your state (only U.S. law)?Iowa

I reached an agreement through email with a city department to do some work as a contractor. Then they backed out and put it out for bids. One of their employees sons got the contract. Do I have a case?

 

[quincy]

What is the name of your state (only U.S. law)?Iowa

I reached an agreement through email with a city department to do some work as a contractor. Then they backed out and put it out for bids. One of their employees sons got the contract. Do I have a case?

Basically, a contract or an agreement is an exchange of promises. These promises can be oral or written. Emails can be used to form binding contracts.

It depends on the exact content of the emails exchanged, however, whether what you have in the way of emailed communications can be seen as a valid and binding contract. The emails could be seen as part of a negotiation with the city department only.

 

[LdiJ]

Basically, a contract or an agreement is an exchange of promises. These promises can be oral or written. Emails can be used to form binding contracts.

It depends on the exact content of the emails exchanged, however, whether what you have in the way of emailed communications can be seen as a valid and binding contract. The emails could be seen as part of a negotiation with the city department only.

I agree. However, one of their employee's sons getting the job is certainly a bit questionable. That wouldn't help OP's cause as a contractor, but if I were a citizen of the community I would have some questions about the bidding process.

 

[quincy]

I agree. However, one of their employee's sons getting the job is certainly a bit questionable. That wouldn't help OP's cause as a contractor, but if I were a citizen of the community I would have some questions about the bidding process.

I work in the Detroit area, and did during former Mayor Kwayme Kilpatrick's administration. With the rampant corruption and rigging of contracts that went on in those years, I tend to be quick to question the bidding processes of cities.

For that reason alone, I don't think it would hurt for David1941 to sit down with an attorney in Iowa for a review of the emails (and the award of the contract to an employee's son).

 

[LeeHarveyBlotto]

I agree. However, one of their employee's sons getting the job is certainly a bit questionable. That wouldn't help OP's cause as a contractor, but if I were a citizen of the community I would have some questions about the bidding process.

Why? In the kinds of places where many of us grew up, nearly everyone had a relative who worked for the city. That the OP's contract (assuming the correspondence rose to that level) was possibly breached is one issue. That a relative of someone who worked at the city (in an unknown capacity) got the gig doesn't ring any bells for me.

 

[quincy]

Why? In the kinds of places where many of us grew up, nearly everyone had a relative who worked for the city. That the OP's contract (assuming the correspondence rose to that level) was possibly breached is one issue. That a relative of someone who worked at the city (in an unknown capacity) got the gig doesn't ring any bells for me.

Personal experiences can color perceptions to the point where bells ring and red flags wave for some but not for others. Like LdiJ, I heard a bell ring when I read David's post. You apparently didn't.

 

[David1941]

Thanks for the replies. Here's a little more information. The contract is for after hours maintenance. The department has three maintenance guys and a maintenance leader that currently rotate being on call for after hours work. The leader reports to the director. I made the agreement with the director. The leader's son (who is 20 years old and still lives with his dad, if that matters) is the one that got the contract. I suspect that when the leader found out about our agreement he suggested his son could do it for less. Then they put it out for bids to make it look legit.

 

[LdiJ]

Thanks for the replies. Here's a little more information. The contract is for after hours maintenance. The department has three maintenance guys and a maintenance leader that currently rotate being on call for after hours work. The leader reports to the director. I made the agreement with the director. The leader's son (who is 20 years old and still lives with his dad, if that matters) is the one that got the contract. I suspect that when the leader found out about our agreement he suggested his son could do it for less. Then they put it out for bids to make it look legit.

There is a more that reasonable shot that you are guessing correctly. Talk to a local attorney. I don't know if you can get anywhere with it, but you might raise enough eyebrows that it never happens again.