More details to this question:
We gave a client a proposal to do a job and he agreed and gave us a down payment, we order equipment to do the job and material now they said they want someone else to do it. We blocked off a month to do this job and now we cant do this do we have any recourse?
1 ANSWER
Most contracts do not have to be in writing to be enforceable. You don't say what the contract is for, and I am not specifically familiar with ND law, but the following are some categories of contracts which have to be in writing under the law of most states: contracts which cannot be performed within one year, contracts for the sale of real estate, and contracts for the sale of goods for over $500. There may be some other types of contracts which have to be in writing under ND law, but those you can be pretty sure about.
However, even where the law requires that a contract must be in writing, there are exceptions which may apply to your situation. For example, if the contract has been partially performed, and the performance can only be explained by the existence of a contract. Also, if you detrimentally relied on the other side's promise (i.e. spent money or time based on the oral contract, which you did here), he may be estopped to deny the existence of the contract. However, if both sides understood that they would not have a binding contract until there was a signed, written agreement, then you are probably out of luck.
Answered on Sep 17th, 2013 at 11:53 AM