[consulting] Unsigned Contract Breach Question

[Jamie Holly]

On 3/14/2013 9:49 AM, Fred Jones wrote:
> Yes, there is such a thing as an implied contract, but if you were
> exchanging a proper written contract, then that basically means that
> you (and they) were expressly agreeing to proceed based on that
> written contract. If they chose not to sign, then they never agreed.
>
> What you should have done is put in a clause like "this contract is
> valid for 48 hours after signing" or some such. I know it's easy to
> say that after the fact, but if it happens again....

This is EXTREMELY important. You need to check your local laws. For 
example, here in Ohio you do have 48 hours to break a contract by law.  
My contracts state that work will start within X days of signed 
acceptance and X is never less than 48. There has been times when 
clients didn't like that and I would end up starting right away, but 
that has been very rare.

Another thing I establish with any client right away is the authorized 
party. Who is the one that can make changes and authorize expenses, as 
well as sign the contract. This person is then in all communications. If 
you can prove offer, acceptance and consideration with that authorized 
person, then you do have a verbal contract and might be able to pursue 
it legally.

Jamie Holly
http://www.intoxination.net
http://www.hollyit.net