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  • Law Noob Asked on 11 June 2017 in Building and Construction Law.

    Hi Vinny,

    I’m not a lawyer first up.

    From my understanding, a contract can be entered in to in many ways. a) Verbal, b) Gentleman’s handshake, c) Giving access to your property to commence work, d) Paying a deposit or paying for the completed job and e) Signing a quote, an acceptance email or letter, even an email responding to a fencer’s email such as “we can start Tuesday week at 7am” and you reply ok, see you then.

    It all comes down to what is known as “Estoppel” and “Estoppel by Convention” and “Quantum” and “Quantum Meruit” – well, this is what the fencing company’s lawyers would most likely use as a defence and would have a very good chance of winning.

    If you look up the legal words above, you will see what I mean.

    If you proceeded to a state Tribunal, the costs are low and if you lose, rarely are legal costs awarded against you (i.e.: you have to pay the fencing contractors legal costs if represented by a lawyer) whereas if you went to court and lose, costs can be awarded against you and they  may be considerable (e.g. $3500). If you win in court, you can claim costs if represented by a lawyer.

    Always get proper legal advice.

    Regards

    TheLegalAvenger

    (An Unqualified Legally Disabled Person That’s Wheelchair Bound & Eats Law For Breakfast, Lunch & Dinner)

    This answer was accepted by Vinricky. on 12 June 2017 - Earned 20 points for answering.

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