Can a Chartered Surveyor Sue a Company for Unpaid Invoices in England Without a Signed Agreement?

Question from James, Can a Chartered Surveyor Sue a Company for Unpaid Invoices in England Without a Signed Agreement?

Answer from AI:

In England, a chartered surveyor can potentially take a company to court for not paying their invoice for preparing a schedule of dilapidations, even if there was no signed agreement between the parties. However, the success of such a claim would depend on various factors, including the existence of an implied contract, the nature of the communications between the parties, and the conduct of the parties.

Implied Contracts and Unjust Enrichment

Even without a written agreement, a contract can be implied by the conduct of the parties. If the company requested the services of the surveyor and the surveyor provided those services with the expectation of payment, an implied contract may exist.

In addition, the legal principle of unjust enrichment might apply. This principle states that one party should not be unjustly enriched at the expense of another. If the company benefited from the surveyor’s work without paying for it, the court might require the company to pay on this basis.

Communications and Conduct

The nature of the communications between the parties and their conduct can also be important. If there were emails, letters, or other communications that indicated the company’s agreement to pay for the surveyor’s services, these could be used as evidence. Similarly, if the company acted in a way that suggested they accepted the surveyor’s services, this could support the surveyor’s claim.

Legal Advice and Next Steps

Given the complexity of these issues, it would be advisable for the chartered surveyor to consult with a legal professional. They can provide personalized advice based on the specific facts of the case.

Typical steps might include:

• Gathering evidence of the implied contract or unjust enrichment, such as communications and records of the work done.
• Consulting with a legal professional to assess the strength of the claim.
• If the claim is strong, sending a formal demand letter to the company requesting payment.
• If the company still does not pay, considering legal action.

Resources

For more information on implied contracts and unjust enrichment, you can refer to the Unfair Contract Terms Act 1977 and the Contracts (Rights of Third Parties) Act 1999.

Please note that this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.