Protect Yourself when Working with Custom Home Builders Only work with a licensed contractor. Get the contract in writing. Avoid “lump sum” bids. Talk to several contractors. Tie payments to deliverables. Get proof of payment to suppliers.
While contracts are generally binding for both parties, it is important to be aware of certain issues that could make an otherwise valid contract unenforceable by law. The elements of a contract are offer, acceptance, and consideration, which have strict standards of enforceability.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent , expressed by a valid offer and acceptance ; adequate consideration ; capacity ; and legality .
The different forms of breach of contract as well as remedies for breach of contract will also be briefly discussed. A contract will only be legally binding upon the contracting parties if the following requirements are complied with: consensus, contractual capacity, certainty, possibility, legality and formalities.
A contract does not need to be in writing to be enforceable under the law. If you promise to buy something and someone else promises to sell it to you, you may have just made a contract. Your promise is the same as signing your name to a contract. This includes renting apartments.