QUESTION

Remodeling contract not signed by contractor. Is it enforceable?

Asked on Aug 06th, 2016 on Contracts - Texas
More details to this question:
I hired a contractor and, against my better judgment, signed it after 5 revisions on my part. I had to fire the contractor for poor workmanship. He is now suing me for the remainder of the amount on the contract. I have read and signed many business contracts and know that each party must sign the contract in order for it to be enforceable. Is that the case in a remodeling project as well? He didn't sign the contract, I did. If he did sign it, I didn't get the fully executed copy, original or otherwise.. Is the contract enforceable? If not, is his claim to additional monies valid? He did not in any way complete the work outlined in the contract.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
In general, at least in the states in which I practice, a contract does not need to be signed by both parties unless the contract itself, or the communication transmitting the offer, requires it.  A contract, even if it has to be in writing (most types of contracts are enforceable even if not in writing) need be signed only by the party to be charged.  For example, Section 5-701 of the N.Y. General Obligations Law, which provides for the types of contracts which must be in writing (contracts which cannot be performed in one year, for the sale of real property, to answer for someone else's debts, etc.) provides that such a contract "is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith ... ."  In other words, if I claim that you have breached the contract, I need only show that YOU agreed to it by signing.  I also have to show that I performed my part of it, but I don't have to show that I signed it. Again, even if for some reason the written contract was unenforeable, an oral agreement to perform remodeling services generally would be enforceable.  Also, if he provided services and for some reason the contract was invalid, he would still be entitled to recover for the reasonable value of the services he provided (known as "quantum meruit.") In sum, you may be able to succeed on your claim that the contractor breached by not doing the job right, but I don't think the fact that he didn't sigh the contract and you did is going to be very helpful.  Again, I don't practice in Texas, and the law may be different there.
Answered on Aug 08th, 2016 at 1:51 PM

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