Can a Contractor Legally Do Work Without Your Approval?

A contractor cannot legally do work on your property without your approval. If they start working without your consent, it can be seen as unauthorized, potentially leading to legal issues. Ensuring clear agreements and open communication channels is crucial to prevent misunderstandings.

Understanding the Contracting Process

The simplest understanding of contracting is when the buyer/client writes down what needs to be done. You should never base a contract solely on verbal agreements because these can be hard to prove in legal disputes. Contractors typically bid projects, offering either a fixed price or hourly rates plus materials. Some may have the right to mark up materials by a certain amount.

For building contractors, signing the bid is a critical step that signifies your approval for the work to proceed. By signing, you are acknowledging that the contractor can attempt the project as described. Even after the work is completed, it is highly unlikely that it will be 100% perfect, matching both the written specifications and the mental expectations you may have had.

The Role of Clear Communication

Open and clear communication is essential to ensure everyone is on the same page. For instance, if a contractor starts work without your permission, you have the right to refuse payment. Tools like Connecteam can help facilitate communication and project management, reducing the risk of misunderstandings and disputes.

Misunderstandings and Negotiations

After the initial work is completed, there might be slight discrepancies that need addressing. This leads to the 'acceptance' phase, where both parties negotiate any necessary changes or repairs. If the contractor has done more work than originally agreed, they can present an invoice for a higher amount, arguing that they should be paid for the additional work. None of these actions are illegal in themselves, provided both parties acted in good faith and any changes were documented with written change-orders.

Legal Considerations and Common Misunderstandings

It's important to note that while most contract disputes are civil disagreements, not criminal matters. Common issues such as under-performing, invoicing for extra or unauthorized work, or bad quality can lead to disputes that should be resolved in court. However, doing things that could be considered criminal, such as stringing electrical wires with thumbtacks or leaking pipes due to unlicensed plumbing work, are rare but certainly possible and should be avoided.

Preventive Measures

To avoid any legal issues, it's crucial to have a clear, written agreement, and use tools like Connecteam to manage and document project changes. Keep the lines of communication open and ensure all changes and adjustments are properly documented. This will help protect both parties' interests and prevent misunderstandings and potential legal troubles.

Conclusion

Although contractors can legally start work without explicit approval most of the time, keeping your approval a prerequisite is a good practice. Using effective communication tools and ensuring all changes are documented will help maintain a smooth and harmonious working relationship with your contractors.