Unsigned contract enforceable because of conduct?

I made an 18 month independant contractor agreement with a Philadelphia company that commenced on May 1 2014. I was to provide general business consulting and Invoice and be paid upon receipt on a monthly basis. A clause in the agreement allowed for the charge of 1.5%/mo for late payments. And there is a no waiver clause. Although he promised many times (even in front of others)over the course of the 18 months during which I provided and was paid for said services, albeit late many times, the owner never signed the agreement. I repeatedly provided other copies upon request and even at times without any request, upon expiration and then non- renewal of the agreement, I submitted a final bill including the interest. The owner snidely responded via email that I would need to show him a signed copy of the agreement stating interest charge rights. Is this agreement, although unsigned, enforceable under the conduct of parties concept? Thanks-

1 answer  |  asked Dec 21, 2015 6:32 PM [EST]  |  applies to Pennsylvania

Answers (1)

Doris Dabrowski
Unsigned or oral contracts can be enforced; the party seeking to enforce the contract must establish the terms to which the parties agreed. You should consult an attorney to review all the evidence you have to show the terms and conditions of your agreement, including the unsigned "agreement", the bills you submitted, and documentation of the principal and interest paid on each bill previously paid.

Doris Dabrowski, 1525 Locust St., Philadelphia, PA 19102
215-790-1115

posted by Doris Dabrowski  |  Dec 22, 2015 1:27 PM [EST]

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