<p dir="ltr">And the biggest thing is this is a 2 way street so they must sign your contract too. You can meet in the middle but you must protect yourself just like they are. Your story is all too familiar. I'm sure somewhere in their contract it says they can bail at any time.... it sucks I know but learn from this. You're not alone with this and yes, send them an invoice. If they balk, send them small claims docs. They will pay. Make it the same headache for them and don't back down.</p>
<div class="gmail_quote">On Mar 14, 2013 9:49 AM, <<a href="mailto:consulting-request@drupal.org">consulting-request@drupal.org</a>> wrote:<br type="attribution"><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
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Today's Topics:<br>
<br>
1. Unsigned Contract Breach Question (Sam Cohen)<br>
2. Re: Unsigned Contract Breach Question (Joel Willers)<br>
3. Re: Unsigned Contract Breach Question (ALLAHBAKASH ALLAHBAKASH)<br>
4. Re: Unsigned Contract Breach Question (Jeff Greenberg)<br>
5. Re: Unsigned Contract Breach Question (Sam Cohen)<br>
6. Re: Unsigned Contract Breach Question (Sam Cohen)<br>
7. Re: Unsigned Contract Breach Question (Jeff Greenberg)<br>
<br>
<br>
----------------------------------------------------------------------<br>
<br>
Message: 1<br>
Date: Thu, 14 Mar 2013 09:24:22 -0400<br>
From: Sam Cohen <<a href="mailto:sam@samcohen.com">sam@samcohen.com</a>><br>
Subject: [consulting] Unsigned Contract Breach Question<br>
To: "A list for Drupal consultants and Drupal service/hosting<br>
providers" <<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID:<br>
<CAGrS=<a href="mailto:KXcWY8O801PwjTntf69FxcaZjJHUxdnTbeCKOP_SzfBJg@mail.gmail.com">KXcWY8O801PwjTntf69FxcaZjJHUxdnTbeCKOP_SzfBJg@mail.gmail.com</a>><br>
Content-Type: text/plain; charset="iso-8859-1"<br>
<br>
Hi all,<br>
<br>
I'm curious if anyone has experience with something like this.<br>
<br>
A client who is the head of a branch of a large institution gave the go<br>
ahead for a very big project. I supplied the SOW and they supplied the<br>
contract that I was given to sign. Now because of the size of this<br>
institution, sometimes it takes weeks to get a signed contract back. And<br>
in this case after three weeks I heard back that someone over the head of<br>
the person I was dealing with changed their mind and they've decided to go<br>
another way.<br>
<br>
So for over three weeks I've been committed, turned down another job<br>
because I wasn't available, and had secured other people to work on that<br>
job, who may have also turned down work.<br>
<br>
While I'm guessing their is no legal recourse here, because I didn't have a<br>
signed contract, I'm just curious is there's such a thing as an implied<br>
contract -- after all, they gave it to me, I signed it and was not free to<br>
take other work.<br>
<br>
I realize we're not attorneys here, just curious if this has happened to<br>
anyone? Is it even legal to ask someone to sign a contract, but take weeks<br>
to come back with an answer?<br>
<br>
Thanks,<br>
Sam<br>
<br>
<<a href="http://twitter.com/samcohen" target="_blank">http://twitter.com/samcohen</a>><br>
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Message: 2<br>
Date: Thu, 14 Mar 2013 13:32:51 +0000<br>
From: Joel Willers <<a href="mailto:joel.willers@sigler.com">joel.willers@sigler.com</a>><br>
Subject: Re: [consulting] Unsigned Contract Breach Question<br>
To: A list for Drupal consultants and Drupal service/hosting providers<br>
<<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID:<br>
<<a href="mailto:44F4B083C720384D9D922C1AFFED5C6825663A3E@MAIL2010.siglercompanies.com">44F4B083C720384D9D922C1AFFED5C6825663A3E@MAIL2010.siglercompanies.com</a>><br>
<br>
Content-Type: text/plain; charset="iso-8859-1"<br>
<br>
I took a business law class a LONG time ago, but in that class, if you made an offer and it was accepted, you didn't have to accept it, too. It was your offer. Your offer was accepted, so it's a done deal. I'm not a lawyer, of course, but that's what I was told. /shrug<br>
<br>
Joel<br>
<br>
<br>
From: <a href="mailto:consulting-bounces@drupal.org">consulting-bounces@drupal.org</a> [mailto:<a href="mailto:consulting-bounces@drupal.org">consulting-bounces@drupal.org</a>] On Behalf Of Sam Cohen<br>
Sent: Thursday, March 14, 2013 8:24 AM<br>
To: A list for Drupal consultants and Drupal service/hosting providers<br>
Subject: [consulting] Unsigned Contract Breach Question<br>
<br>
Hi all,<br>
<br>
I'm curious if anyone has experience with something like this.?<br>
<br>
A client who is the head of a branch of a large institution gave the go ahead for a very big project.? I supplied the SOW and they supplied the contract that I was given to sign.? Now because of the size of this institution, sometimes it takes weeks to get a signed contract back.? And in this case after three weeks I heard back that someone over the head of the person I was dealing with changed their mind and they've decided to go another way.<br>
<br>
So for over three weeks I've been committed, turned down another job because I wasn't available, and had secured other people to work on that job, who may have also turned down work.<br>
<br>
While I'm guessing their is no legal recourse here, because I didn't have a signed contract, I'm just curious is there's such a thing as an implied contract -- after all, they gave it to me, I signed it and was not free to take other work.?<br>
<br>
I realize we're not attorneys here, just curious if this has happened to anyone?? Is it even legal to ask someone to sign a contract, but take weeks to come back with an answer?<br>
<br>
Thanks,<br>
Sam<br>
<br>
<br>
<br>
------------------------------<br>
<br>
Message: 3<br>
Date: Thu, 14 Mar 2013 19:04:51 +0530<br>
From: ALLAHBAKASH ALLAHBAKASH <<a href="mailto:allahbakash2@gmail.com">allahbakash2@gmail.com</a>><br>
Subject: Re: [consulting] Unsigned Contract Breach Question<br>
To: "A list for Drupal consultants and Drupal service/hosting<br>
providers" <<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID:<br>
<CAJ=<a href="mailto:aSmfBiP7-%2ByEXy4NtpLPqgh%2BCRjGxWkq4WcyRUYpcwsrJeQ@mail.gmail.com">aSmfBiP7-+yEXy4NtpLPqgh+CRjGxWkq4WcyRUYpcwsrJeQ@mail.gmail.com</a>><br>
Content-Type: text/plain; charset=ISO-8859-1<br>
<br>
Do one thing consult the authority who sent the above said document<br>
tell him to clarify or sign<br>
<br>
On 3/14/13, Sam Cohen <<a href="mailto:sam@samcohen.com">sam@samcohen.com</a>> wrote:<br>
> Hi all,<br>
><br>
> I'm curious if anyone has experience with something like this.<br>
><br>
> A client who is the head of a branch of a large institution gave the go<br>
> ahead for a very big project. I supplied the SOW and they supplied the<br>
> contract that I was given to sign. Now because of the size of this<br>
> institution, sometimes it takes weeks to get a signed contract back. And<br>
> in this case after three weeks I heard back that someone over the head of<br>
> the person I was dealing with changed their mind and they've decided to go<br>
> another way.<br>
><br>
> So for over three weeks I've been committed, turned down another job<br>
> because I wasn't available, and had secured other people to work on that<br>
> job, who may have also turned down work.<br>
><br>
> While I'm guessing their is no legal recourse here, because I didn't have a<br>
> signed contract, I'm just curious is there's such a thing as an implied<br>
> contract -- after all, they gave it to me, I signed it and was not free to<br>
> take other work.<br>
><br>
> I realize we're not attorneys here, just curious if this has happened to<br>
> anyone? Is it even legal to ask someone to sign a contract, but take weeks<br>
> to come back with an answer?<br>
><br>
> Thanks,<br>
> Sam<br>
><br>
> <<a href="http://twitter.com/samcohen" target="_blank">http://twitter.com/samcohen</a>><br>
><br>
<br>
<br>
------------------------------<br>
<br>
Message: 4<br>
Date: Thu, 14 Mar 2013 09:42:26 -0400<br>
From: Jeff Greenberg <<a href="mailto:listmail.ayendesigns@gmail.com">listmail.ayendesigns@gmail.com</a>><br>
Subject: Re: [consulting] Unsigned Contract Breach Question<br>
To: A list for Drupal consultants and Drupal service/hosting providers<br>
<<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID: <<a href="mailto:418BC10A-801C-4BC7-BE26-7BCC79081F77@gmail.com">418BC10A-801C-4BC7-BE26-7BCC79081F77@gmail.com</a>><br>
Content-Type: text/plain; charset=us-ascii<br>
<br>
In my experience a verbal commitment can only stand as a contract if you have specifically clarified that the person making the verbal commitment is in a position to authorize work to begin without any further approval.<br>
<br>
On Mar 14, 2013, at 9:34 AM, ALLAHBAKASH ALLAHBAKASH <<a href="mailto:allahbakash2@gmail.com">allahbakash2@gmail.com</a>> wrote:<br>
<br>
> Do one thing consult the authority who sent the above said document<br>
> tell him to clarify or sign<br>
><br>
> On 3/14/13, Sam Cohen <<a href="mailto:sam@samcohen.com">sam@samcohen.com</a>> wrote:<br>
>> Hi all,<br>
>><br>
>> I'm curious if anyone has experience with something like this.<br>
>><br>
>> A client who is the head of a branch of a large institution gave the go<br>
>> ahead for a very big project. I supplied the SOW and they supplied the<br>
>> contract that I was given to sign. Now because of the size of this<br>
>> institution, sometimes it takes weeks to get a signed contract back. And<br>
>> in this case after three weeks I heard back that someone over the head of<br>
>> the person I was dealing with changed their mind and they've decided to go<br>
>> another way.<br>
>><br>
>> So for over three weeks I've been committed, turned down another job<br>
>> because I wasn't available, and had secured other people to work on that<br>
>> job, who may have also turned down work.<br>
>><br>
>> While I'm guessing their is no legal recourse here, because I didn't have a<br>
>> signed contract, I'm just curious is there's such a thing as an implied<br>
>> contract -- after all, they gave it to me, I signed it and was not free to<br>
>> take other work.<br>
>><br>
>> I realize we're not attorneys here, just curious if this has happened to<br>
>> anyone? Is it even legal to ask someone to sign a contract, but take weeks<br>
>> to come back with an answer?<br>
>><br>
>> Thanks,<br>
>> Sam<br>
>><br>
>> <<a href="http://twitter.com/samcohen" target="_blank">http://twitter.com/samcohen</a>><br>
> _______________________________________________<br>
> consulting mailing list<br>
> <a href="mailto:consulting@drupal.org">consulting@drupal.org</a><br>
> <a href="http://lists.drupal.org/mailman/listinfo/consulting" target="_blank">http://lists.drupal.org/mailman/listinfo/consulting</a><br>
<br>
<br>
------------------------------<br>
<br>
Message: 5<br>
Date: Thu, 14 Mar 2013 09:37:51 -0400<br>
From: Sam Cohen <<a href="mailto:sam@samcohen.com">sam@samcohen.com</a>><br>
Subject: Re: [consulting] Unsigned Contract Breach Question<br>
To: "A list for Drupal consultants and Drupal service/hosting<br>
providers" <<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID:<br>
<CAGrS=<a href="mailto:KWdLp%2BpSYLQRLAuLwkwEOrDcRN30vXUi19iQqH69httRw@mail.gmail.com">KWdLp+pSYLQRLAuLwkwEOrDcRN30vXUi19iQqH69httRw@mail.gmail.com</a>><br>
Content-Type: text/plain; charset="iso-8859-1"<br>
<br>
On Thu, Mar 14, 2013 at 9:34 AM, ALLAHBAKASH ALLAHBAKASH <<br>
<a href="mailto:allahbakash2@gmail.com">allahbakash2@gmail.com</a>> wrote:<br>
<br>
> Do one thing consult the authority who sent the above said document<br>
> tell him to clarify or sign<br>
><br>
<br>
It was clarified. They decided not go ahead with the project and not sign.<br>
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Message: 6<br>
Date: Thu, 14 Mar 2013 09:48:02 -0400<br>
From: Sam Cohen <<a href="mailto:sam@samcohen.com">sam@samcohen.com</a>><br>
Subject: Re: [consulting] Unsigned Contract Breach Question<br>
To: "A list for Drupal consultants and Drupal service/hosting<br>
providers" <<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID:<br>
<CAGrS=<a href="mailto:KXs3ivm8bjQFpGRatkpHCG0vA-TtnOVxCEaRWggmnxiDA@mail.gmail.com">KXs3ivm8bjQFpGRatkpHCG0vA-TtnOVxCEaRWggmnxiDA@mail.gmail.com</a>><br>
Content-Type: text/plain; charset="iso-8859-1"<br>
<br>
On Thu, Mar 14, 2013 at 9:42 AM, Jeff Greenberg <<br>
<a href="mailto:listmail.ayendesigns@gmail.com">listmail.ayendesigns@gmail.com</a>> wrote:<br>
<br>
> In my experience a verbal commitment can only stand as a contract if you<br>
> have specifically clarified that the person making the verbal commitment is<br>
> in a position to authorize work to begin without any further approval.<br>
><br>
<br>
Well, this is more than a verbal commitment. This was a written contract,<br>
supplied by the client, including my scope of work, that was given to me to<br>
sign. The only issue was they didn't return a signed copy to me because it<br>
was working it's way through their bureaucracy.<br>
<br>
It seems like in this case, they should sign first, or we should require<br>
they sign first. But the way it works here is they ask up to sign, to<br>
commit, and then it works it way through legal. Seems like it puts us at a<br>
serious disadvantage, where we have to be fully committed, but the client<br>
has no obligation.<br>
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Message: 7<br>
Date: Thu, 14 Mar 2013 09:49:23 -0400<br>
From: Jeff Greenberg <<a href="mailto:listmail.ayendesigns@gmail.com">listmail.ayendesigns@gmail.com</a>><br>
Subject: Re: [consulting] Unsigned Contract Breach Question<br>
To: A list for Drupal consultants and Drupal service/hosting providers<br>
<<a href="mailto:consulting@drupal.org">consulting@drupal.org</a>><br>
Message-ID: <<a href="mailto:7197F004-B700-4F35-AE22-A40E86C3A6BD@gmail.com">7197F004-B700-4F35-AE22-A40E86C3A6BD@gmail.com</a>><br>
Content-Type: text/plain; charset="us-ascii"<br>
<br>
I'm not sure whether you're saying that the decision not to proceed was the clarification, or you're saying it as two separate statements. If the person who gave you the commitment before going away to get the contract signed was clarified to be someone who can authorize work to begin, then you had a verbal contract. Otherwise, the normal implication is that everything depends on approvals from others.<br>
<br>
On Mar 14, 2013, at 9:37 AM, Sam Cohen <<a href="mailto:sam@samcohen.com">sam@samcohen.com</a>> wrote:<br>
<br>
><br>
> On Thu, Mar 14, 2013 at 9:34 AM, ALLAHBAKASH ALLAHBAKASH <<a href="mailto:allahbakash2@gmail.com">allahbakash2@gmail.com</a>> wrote:<br>
>> Do one thing consult the authority who sent the above said document<br>
>> tell him to clarify or sign<br>
><br>
> It was clarified. They decided not go ahead with the project and not sign.<br>
> _______________________________________________<br>
> consulting mailing list<br>
> <a href="mailto:consulting@drupal.org">consulting@drupal.org</a><br>
> <a href="http://lists.drupal.org/mailman/listinfo/consulting" target="_blank">http://lists.drupal.org/mailman/listinfo/consulting</a><br>
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End of consulting Digest, Vol 86, Issue 7<br>
*****************************************<br>
</blockquote></div>