Does a Company Have to Pay a Chartered Surveyor’s Invoice if No Agreement Was Signed?

Question from George, Does a Company Have to Pay a Chartered Surveyor’s Invoice if No Agreement Was Signed?

Answer from AI:

In general, the legal obligation to pay for services rendered by a professional, such as a chartered surveyor, depends on the existence of a contract. A contract can be written, verbal, or implied by conduct. In the UK, the law of contract is primarily governed by common law and the principles established in case law.

Written and Verbal Contracts

A written contract is the most straightforward form of agreement. However, even if no written contract was signed, a verbal agreement can still be legally binding if it can be proven that it existed. This can be challenging, as it often comes down to one party’s word against the other’s.

Implied Contracts

Even in the absence of a written or verbal agreement, a contract can be implied by conduct. This means that if the company acted in a way that suggested they accepted the surveyor’s services, they may still be obligated to pay. For example, if the company allowed the surveyor to carry out the work without objection, this could be seen as an implied agreement.

Role of the Agent

If the chartered surveyor was hired through the company’s agent, the company might still be liable for the invoice. This depends on the nature of the relationship between the company and the agent, and whether the agent had the authority to enter into contracts on the company’s behalf.

It’s important to note that this is a complex area of law and the specifics of each case can significantly impact the outcome. Therefore, it’s recommended that the company consult with a legal professional for personalized advice.

Dispute Resolution

If a dispute arises over the payment of the invoice, the parties may wish to consider alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation. The Royal Institution of Chartered Surveyors (RICS) offers a Dispute Resolution Service that may be helpful in this situation.

Preventive Measures

To avoid such disputes in the future, it’s advisable for companies to:

• Always have a written agreement in place before any work begins.
• Ensure that the scope of work, fees, and payment terms are clearly defined in the agreement.
• Understand the role and authority of their agents in entering into contracts.