Legal Question in Business Law in New York
Is a signed proposal a contract
I'm on the Board of an HOA. We approved a proposal for pool repair that quoted 3 hours labor+parts. the work was done in 1 hour. Is the acceptance of proposal a contract and are we liable for the 3 hours work?
Asked on 12/09/08, 6:04 pm
2 Answers from Attorneys
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: Is a signed proposal a contract
a signed document of any kind satisfies the statute of frauds when someone seeks to sue the signor. A proposal may not have sufficient terms to state the whole agreement, and it sounds as though yours is missing the refund terms.
If enough are missing, it is not a contract, only evidence of a contract.
The contractor should be aware of this and not expect 3 hours pay.
Answered on 12/09/08, 6:45 pm
Nasir Butt
Nasir Law Associates
Re: Is a signed proposal a contract
Reply of Mr. Mark S. Moroknek is appropriate.
Answered on 12/09/08, 11:28 pm
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