Legal Question in Business Law in Virginia

Re: Can I enforce an unsigned agreement to pursue payment for services?

There is an alternative way to collect some of your fee. Technically, it is not enforcing the contract itself. It is an alternative basis for getting paid. It is called a "quasi-contract" (or other names like quantum meruit).

If there was no written contract at all, we would say that there was a verbal contract. And that still might be a possibility. However, their refusal to sign the written contract will tend to negate the idea that there was an oral contract. A written contract that was refused is problematic for saying there was a verbal contract.

However, you can receive a reasonable value for your services if (1) the company requested your services, (2) knew or reasonably should have known that you expected to get paid, (3) knew that you were performing the services, (4) did not stop you from doing the work while knowing you expected to get paid for the work, (5) received a benefit, and (6) in some form acknowledged or appreciated the benefit received.

All of those points will depend on what evidence and testimony the judge believes. This will be highly sensitive and highly dependent upon what the judge believes after listening to everyone's testimony.

For example, if your client says that they thought you were doing only examples or doing the work on spec, you would have to convince the judge otherwise.

I know it sounds self-serving, but "quantum meruit" or "quasi-contract" is tricky and requires proving some things that you might not think of normally. "Don't try this at home" so to speak. If your chance of getting paid is based on quantum meruit or quasi-contract, I would strongly recommend the help of an attorney to do it.

I'm sure my colleague could help you, and so can I. I am in Ashburn, Virginia, not far from Manassas. I frequently appear in Prince William General District Court. I might collect this on a contingency basis, but normally my fee is $95 per hour.

Re: Can I enforce an unsigned agreement to pursue payment for services?

We would be happy to assist you with this matter. We have offices in Leesburg, Reston and Winchester, please feel free to contact our collections/ civil litigation attorney Thorick Dino at 703-777-7319. You should certainly talk to a number of attorneys before choosing representation. Please see our website at www.dglegal.com for some background informaiton on our firm.

Re: Can I enforce an unsigned agreement to pursue payment for services?

Did you provide services despite having an unsigned agreement? If you provided the services they requested, its a moot point whether there is a signed contract or not. Are these consumers or a commercial client? You should be able to enforce the agreement by suing them in your local court. It becomes tricky when they are out of town. I run an active collections practice, and would be happy to answer your questions. [email protected]