Oral Agreements

Thomas Tripodianos
January 11, 2011 — 360 views  


Question. Does a general contractor waive the requirement of a signed formal written agreement by verbally awarding a contract to a proposed subcontractor for a particular price and verbally instructing a proposed subcontractor to proceed with its work according to an expedited schedule?  A preliminary term sheet previously supplied by the contractor to proposed subcontractors specifically addressed such an occurrence of events and provided that such events would not give rise to liability against the contractor, the contractor did not make any statement, either written or verbal, expressly waiving that condition, and the contractor otherwise did not engage in any conduct inconsistent with its reliance on the term sheet.


Members Only Content
Want the Rest of the Article? - It's Free to Members
Archived articles are reserved for ConstructionManagementResource.com members. To access this content, please log in or create a new account. Membership to ConstructionManagementResource.com is free! Get instant access to all the Construction content you need to help your organization stay current.

Member Login

Register for a free account

E-mail Address:
Password:
   Lost your Password?