Contract initialed but not signed

What is the name of your state (only U.S. law)? California

My question is I have a contract for a home inspetion that I performed and the client initialed each one of the 15 sections of the three page contract but did not sign the last page where the signature box is. Would this contract be enforceable or usable in court?

It depends on the facts. Even if the law does not prevent it, it certainly makes your argument harder as to if there were a meeting of the minds. As to the law, was the contract of the amount and type required by statute to be in writing? If so, you need a signed writing. If not, you have a factual argument as to if there was an agreement.

so, can you explain why the contract isn't signed?

What did they say when you presented them with a bill?

It may be my butt on the line...

So the inspection was performed on 12/9/10 and the bill was settled, we have already received payment.

The problem is that this is an attached single family home with a slab foundation. According to the agent after the transaction closed the crack was discovered when some landscaping was done and vegetation was removed by our client (the new owner). The client subsequently called in a specialist and was provided a bid of around $5k.

Since the view of the crack was obstructed by vegetation typically we would be covered by a clause that covers any inaccessible or concealed areas. Also unless there was gross negligence the liability limit would be no more than 5x the inspection fee (totaling ~$2k). Also if he had it fixed prior to us inspecting it we could not be held liable.

Anyway I decided to pull the file just to make sure my butt was covered and unfortunately it seems to be hanging by the way side right now.

Suffice to say the client has yet to contact us regarding this, he spoke with his agent who in turn informed us that this may be coming our way but the only contact we have had with the client is an email asking for my accreditation's, etc.

The contract not being signed seems to be an oversight, typically we have the contracts in hand the day before the inspection but sometimes the client doesn't have access to a fax or computer/scanner/printer so we allow them to sign at the time of the inspection. I stood there with him and watched him go through every page but I don't know if we/he got distracted or it was intentional.

Any advice would be appreciated.

Oh, since they are not disputing the contract butt you, all you have to do is prove you did not perform as the contract stated which would include not providing that nicely written report on the condition of the house that you gave them and you are golden.

Ratification by performance.