It depends.

Daniel Bakondi

danielbakondi@yahoo.com

415 450 0424

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It all depends upon the language of the proposal, including both the pre-printed form and the specific terms of the proposal.

If the proposal is well-designed and reasonably complete, yes. However, even if it is enforceable, there remains a bigger question as to what constitutes "enforcement" and what remedies are available for breach. A court would not force the contractor to do the work if it refused to proceed, nor would a court order a homeowner or builder to allow the contractor to install the tank if the owner or builder decided he/she/it didn't want the installation, Such contracts are rarely, if ever, subject to an order for specific performance. If the contractor breached, the owner could get money damages for proven harm, such as cost of delays in completing a project and/or having to pay another contractor a higher price to do the job, or finish it. If the owner breached, the contractor could sue the owner for the contractor's actual, proven losses and lost profit, but not necessarily the full contract price, especially if the contractor was ordered to stop, or not to start, early on.

This would constitute a construction contract. There are very specific statutory requirements that a contractor must include in a contract. If the proposal contained those provisions, and both parties signed it, then it probably is an enforceable contract in the manner Mr. Whipple laid out. If it does not contain those provisions, then it is voidable at the customer's option.