Is a verbal agreement legally binding?

[mhairib]

I have received an invoice recently from an architect asking for money for plans he drew in July 2007. We had no written contract, or agreed terms & conditions, instead he says his fees were agreed verbally with me. I do not recall if they were or not, it was over 2 years ago after all.

Where do I stand? Am I legally obliged to pay this? Can I question the invoice?

Thanks in advance

[Guest]

Re: Is a verbal agreement legally binding?

You can question it, but a contract does not have to be written down. Contracts can be implied and if the architect did the work, why do you not want to pay him?

In addition, although a pedantic point, all contracts are verbal, from the Latin "verbum" meaning "words" whether written or spoken. A contract that is not in written form therefore is oral.

For a valid contract to exist it must be shown that there has been an offer and that the offer has been accepted. In addition there must be an intention from both parties to create legal relations and consideration. Consideration has to have some value, however slight and can consist of a promise (Thomas v Thomas [1842].) Also, from Dunlop v Selfridge Ltd [1915] "An act or forebearance of one party, or the promise thereof, is the price for which the promise of the other is bought and the promise thus given for value is enforceable."

Oral contracts are just as binding as written ones, but less easy to prove.

If your achitect makes a claim against you, how will you prove that you do not owe him anything, unless you can remember what was agreed?

[mhairib]

Re: Is a verbal agreement legally binding?

Thanks for your reply.

I am not disputing the fact that he is asking for payment, but rather how much it is for. I expected a schedule of costs or similar, as obviously his fee was not the only one I would need to pay.

He provided initial sketch drawings, but when I didn't proceed with the project I never got an invoice, and didn't for 2 years.

With no written quote, and no recollection of a conversation 2 years ago, how do I know that his fee is realistic? I don't imagine people can just write letters after several years and ask for x amount of £'s

Am I legally entitled to question this invoice?

[Guest]

Re: Is a verbal agreement legally binding?

There is no prescribed legal entitlement to question an invoice, just as there is no statutory impediment to the same.

If you wish to receive a schedule of costs, then ask for one, although quite how that will help you, given that you cannot recall the conversation you had over this, I am not sure. In addition, the bill may well increase if he is asked to do extra work on your behalf.

Unless you can remember how much you were quoted, the architect is at liberty to charge you whatever he thinks fit. If you do not agree, how are you going to challenge him, based on the fact that you have no idea whether you agreed this sum or not? He clearly remembers sufficiently to raise an invoice and given that you do not, on the balance of probability (which is the standard of proof required in civil cases) he will likely win, should he bring a case against you.

If you wish to defend, you will need to provide alternative quotations in order to counter his invoice, opening yourself up to additional costs.

How much is this invoice and is it genuinely unreasonable?