Is a contract that has not been signed by all parties leagally bindng?

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Is a contract that has not been signed by all parties leagally bindng?

I want to fire my contractor but he has come up with a ridiculous amount of hours he has spent on our claim. No work has been started. He did apply a tarp after the storm. But did not disclose cost. He said “you the insurance will cover it” and that has been his response to everything.

Asked on May 4, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes and no.  If there is no executed written contract there can be a binding verbal contract for the work that was already done.  But if really the elements of the contract - like the terms here that are mising (cost) - are not present there is no "meeting of the minds" and thus he may have a hard time getting paid.  If you intend on firing him do so.  Then see what happens.  Good luck.  


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