The Contract Conundrum: When Work Starts Before the Ink Dries
Think no signature means no contract? Think again. In construction, your actions can be just as binding as your pen. Discover why starting work before signing could cost you more than you think — and what to do to stay legally protected.
Are You Bound Without Signing?
Quite possibly, yes.
If you start work, send invoices, or otherwise behave as though the contract is in place, the law may see that as “acceptance by conduct.” That means you’ve agreed to the contract — even if your pen never touched the paper.
Why It Happens
Courts and adjudicators focus on what both parties did, not just what they signed.
If you knew the contract terms, the project was intended to be governed by those terms, and both sides acted accordingly, you could be bound.
Put simply: silence plus action can equal agreement.
A Case in Point
In RTS Flexible Systems Ltd v Müller [2010] UKSC 14, the parties never signed their contract but still proceeded with the work. The Supreme Court decided that a binding contract existed based on their conduct.
Practical Takeaway
Before you lift a shovel or send your team on-site:
- Review the contract carefully.
- Negotiate or clarify unclear terms in writing.
- Sign the agreement — or at least confirm the governing terms before work begins.
Because once work starts, you might be legally tied to clauses you never intended to accept.
SureSign Tip: Never assume that “no signature” means “no contract.” Once you’re on-site, the law may already have written your name for you.
Need help drafting or reviewing a construction contract? Feel free to reach out to our experts!
