Legal Question in Consumer Law in Massachusetts

Re: Can you ''establish a relationship'' of working without a contract?

This answer does not establish an attorney client relationship.If you need more advice you should schedule an appointment with an attorney. First glance: legal fees may far outweigh any amount in controversy...unless evidence of a contract other than a former limited word of mouth agreement on a couple of small services completed four years ago exists; your claim lacks support. Ask,"What am I trying to accomplish with a lawyer, can I prove my claims? The general answer of whether "contract" can be established verbally, is: Yes and No, depending. Verbal contracts are sometimes enforceable. Contracts that address the relationship with particularity are important. Similarly situated contractors and consumers could both greatly benefit from having such a contract prepared, negotiated, reviewed by their attorneys and signed. You'd be surprised at the trouble it can prevent. "Preventative" legal fees are usually more reasonable than those at the contract breach/litigation/"damage control" stages. This raises what is reasonable under the circumstances? Since four years have expired with no apparent regular business dealings,(more frequency to establish a pattern or practice of doing business, more reasonable to rely upon), your case lacks substance. A "proposal" signed by both parties can be enforceable, usually only as to what it contains in its "four corners". It's NOT UNreasonable for a business person to change the terms of doing business after lapse of time. There may be something more? or just a communications problem(I do not know having not heard both sides). You may do better with another contractor. Courts rarely force performance of a contract for services, even one in writing, but allow provable damages that flow from the breach. Courts do not usually enforce verbal "agreements" with so much time elapsed between the parties' last dealings. Absent a continuing contractual agreement or some written memo or other evidence of the performance relationship, your case is questionable. Four years is a long time with no action or dealings. If this was where you paid for services and work was not done, you would have a contract breach case. This case seems ripe for small claims court if the dealings support finding "contract". The "breach" statute of limitations(SOL) is 6 years. If an unfair or deceptive business act or practice occurred, the SOL is four (4) years. A Mass. Gen. Laws Ch. 93A Demand Letter is required. Trying to "hold" this contractor to a price estimate based on another, different job from 4 years ago?... may be quite hard to convince a court on the merits of claim. What damages? What proof? Total contract amount? Dates? Expecting performance is not enough without "contract", verbal or written. Did you mitigate damages? If you have facts supporting contract breach, file a small claims case or consult now with an attorney.Respectfully, Thomas Abdow,J.D.

Re: Can you ''establish a relationship'' of working without a contract?

ADDENDUM TO LAST ANSWER: If you have a written estimate signed by both you and the contractor for the last or larger job, or some other memorandum or payment arrangement proof, you may have an enforceable contract, and also depending on the further facts and evidence revealed by you in a private consultation, an unfair and deceptive business act or practices claim may be arguable. Note, your question is hard to answer given the limited nformation. Also, the amount of the second job, how payment was arranged, accepted or handled is important. How much larger was it? Feel free to contact me to discuss this matter. Attorney Abdow