Legal Question in Construction Law in California

Are we protected without a contract?

My husband's architectural firm is being threatened with a lawsuit from an unhappy relative. Because the work was done for a family member and it was right when he started his own company, no contract was drawn up. If the relative proceeds with the lawsuit, is not having a contract going to be very detrimental to us?


Asked on 2/24/09, 1:06 pm

4 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Are we protected without a contract?

Not having a contract may work with you in some ways and against you in others. You need an attorney who is good with working with facts, solving puzzles, ad thinking the litigation through before making any moves. Let me know if you want my help.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 2/27/09, 2:46 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Are we protected without a contract?

What is the relative alleging? Your husband would be entitled to the value of the services performed under the doctrine of quantum meriut. Contact me directly.

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Answered on 2/24/09, 1:15 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Are we protected without a contract?

It depends on why the relative is not happy. If the relative is claiming the work is negligent, then not having a contract will be of less importance. If the relative is claiming that your husband did not perform under the agreement, then the contract and its terms will be necessary to determine the rights and obligations of each party. An oral contract is still enforceable. You have not provided any facts with which to provide you with more information. If your husband is serious about getting legal help, have him contact us.

Best of Luck.

www.socalconstructionlaw.com

714.904.1669

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Answered on 2/24/09, 1:16 pm
Bryan C. Becker Your Lawyer for Life.

Re: Are we protected without a contract?

As others have noted, your answer will depend upon the relative's causes of action. I would suggest you inform your insurance company asap that a lawsuit has been threatened. If you would like a free consultation, feel free to contact me at your convenience.

Yours truly,

Bryan

619.400.4929

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Answered on 2/24/09, 1:21 pm


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