Enforceability of Verbal Contracts in Pennsylvania

[nienori]

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

My question is this is a verbal contract enforceable if no clear contract was stated. My husband is an independent contractor. He was hired to perform a service, was not given a deadline. They briefly discussed how long it would take but no deadline was ever given or implied by the employer. The employer is now trying to state that a deadline was given and agreed upon. Is this enforceable? I do not think it is but I want to make sure. One additional question is my husband still entitled to payment for the time and effort he has put into the job so far. It is 85% complete at this point. Thank you.

 

[adjusterjack]

An oral agreement is just as enforceable as a written agreement, it's just harder to prove, especially when each side makes conflicting statement as to what the agreement was.

Yes, your husband is entitled to be paid for the work he has done to date but me saying that doesn't mean he's ever going to get the money.

I imagine your husband is learning an expensive lesson in the need for contracts.

 

[HRZ]

WHat kind of service ? Building trades ?

Oral contracts are enforceable and performance is a key element to show they exist ...but I'm nervous about the details of the so called deadline and how to prove whatever ....in a way you seem to be saying he is looking at a 100% penality if he misses an agreed deadline ?

 

[NIV]

When an essential term is missing from an otherwise valid contract, the courts will often supply the missing term. Here, the missing term is time of performance. For time of performance, absent other factors that show time is of the essence, the courts will supply the term "reasonable".

Has the OP's husband completed things reasonably? If not, I'd say he is in breach of the contract. If he fails to perform now, I'm not sure he'd even get quantum meruit for the value of the work to the other party. Husband might be liable for the value of the bargain and have to pay if the other party mitigates his damages.

I agree with HRZ the "service" might be meaningful. While contracts for services don't usually have to be in writing, some services might be covered by specific statutes.

 

[quincy]

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

My question is this is a verbal contract enforceable if no clear contract was stated. My husband is an independent contractor. He was hired to perform a service, was not given a deadline. They briefly discussed how long it would take but no deadline was ever given or implied by the employer. The employer is now trying to state that a deadline was given and agreed upon. Is this enforceable? I do not think it is but I want to make sure. One additional question is my husband still entitled to payment for the time and effort he has put into the job so far. It is 85% complete at this point. Thank you.

What is the reason for your question on the enforceability of oral contracts? Has your husband been fired or replaced or has payment for his work been denied?

What is the service and the value of the service being provided by your husband?

What is the deadline the employer says was given for completion and does this deadline reflect the estimated time discussed for completion?

Was there a known urgency involved in having the work completed by a certain date (e.g., roof/storm; pool work/pool party; lawn work/outdoor wedding)?

Does your husband still have time left to complete the job and meet the deadline, or has the time given by the employer already passed?

There are a lot of factors that need to be considered before saying anything other than oral contracts can be enforceable.