Can a demand letter be used in court to support a breach of contract based on an oral agreement?
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Can a demand letter be used in court to support a breach of contract based on an oral agreement?
I paid a contractor to complete a major remodel of a home. He took the money and
never completed the work nor purchased materials. I knew the contractor
personally so I failed to place the agreement in writing. He has since been
elusive and unresponsive to phone calls or text. I am hoping a demand letter with
specifics of the job agreement, time frame, and pay will substantiate in court. I
have checks totaling 15K and text messages to support my argument should this go
to court.
Asked on April 24, 2018 under Business Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your demand letter to him has very little value in court, unless he acknowledges the accuracy or truth of what it says in some way; otherwise, it is just *your* opinion as the agreement and does not prove that's what he agreed to. Writings, including emails or texts, *from him*, and proof of payments made to and accepted/received by him, can be very useful evidence, but your letter to him proves nothing except what you are demanding and believe you are owed.
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