No written contract with your contractor: where you stand and what to do this week

The job started on a conversation and a number. Now the number has changed, or the work isn't what you thought you agreed to. A homeowner described a bathroom remodel around $20,000 with nothing in writing, paid in several app transfers, and a balance that seemed to change each time they asked.

An oral agreement usually still counts

Nolo's summary: an oral contract to do home-improvement work "is usually considered legally enforceable," and that cuts both ways, since the contractor may be able to sue you too. Whether either side wins depends mainly on proof: texts, emails, estimates, photos, canceled checks, or witnesses that show what you agreed to (Nolo).

So "there's no contract, so I don't have to pay" is not a safe assumption. Neither is "there's no contract, so they can charge whatever they want."

Many states require a written contract anyway

Nolo notes that a number of states require certain residential contracts, often above a dollar amount, to be in writing, signed, and to include specific terms (Nolo). Two examples:

• California: a written contract is required for home improvement projects over $500 in combined labor and materials, and any changes must be in writing too (CSLB).
• Massachusetts: agreements for residential contracting over $1,000 must be in writing and include a payment schedule, start and completion dates, and a detailed description of the work. The same section says a contract that doesn't comply isn't invalid solely because of that (M.G.L. c. 142A, § 2).

These rules mostly put the duty on the contractor. They don't necessarily cancel what you owe. Your state's contractor board or attorney general's consumer office can tell you the rule where you live.

Check the license too. Nolo notes that licensing can affect who can sue whom. In California, a contractor who wasn't licensed during the job ordinarily can't sue to collect payment (Nolo). Look the contractor up on your state board's website.

What to do this week

1. Write down what you agreed to, and send it. A short email: the scope, the price, what's been paid, what's left, and the expected finish date. Ask the contractor to reply and confirm or correct it. Their reply becomes evidence either way.
2. List every payment. Date, amount, method, and what it was for. Bank and app histories help.
3. Gather the rest: the original estimate or text with the price, photos of the work, and any messages about changes.
4. Get a written contract for the rest of the job. The FTC: "Even if your state doesn't require a written agreement, ask for one." The FTC's list: the contractor's name, address, phone number, and license number; an estimated start and completion date; any promises made about the scope and the cost of labor and materials; and, if you signed away from the contractor's place of business, your right to cancel within three business days. Fill in every blank (FTC). Add a payment schedule tied to the work.
5. Don't pay ahead of the work while this gets sorted out.
6. From now on, every change goes in writing before the work, with the price. See change orders.

If the balance keeps moving, see contractor asking for more money. If it turns into a dispute, Nolo recommends a written description of the problem and a deadline before anything formal (Nolo). The steps after that are in what to do in a contractor dispute.

Keep the agreement where both of you can see it

RenoBinder gives you one place for the scope, budget, and change orders, and a read-only link you can share with your contractor, so "what we agreed" isn't just a text thread.

General information, not legal advice. Whether an oral agreement is enforceable, and on what terms, depends on your state and the facts.

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