In California, the relationship between businesses and independent contractors is subject to strict legal standards. As of January 1, 2025, having a written contract with certain types of independent contractors is required by law.
Even if a written contract is not required by law, it may still be valid if it is unsigned by one or both parties, as long as there is evidence of offer and acceptance, such as emails, letters or other written communications.
REQUIREMENTS FOR A CONTRACT In order for a contract to be valid, there must be an offer, an acceptance of the offer, an exchange between the parties of something of value, and an agreement to the terms.
How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.