“We Never Agreed to That Price”: How Courts Handle Scope and Payment Disputes Without a Clear Contract

By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC

You finished the job. You sent the invoice. Then the client responds: “We never agreed to that price.”

Sound familiar?

Whether you’re a consultant, contractor, or business owner providing services, unclear or incomplete contracts can leave you chasing payment — or defending against a lawsuit you didn’t expect.

This blog breaks down how New York and New Jersey courts treat payment disputes when the terms weren’t fully agreed upon in writing.

Can You Still Sue Without a Clear Price?

Yes — but it depends on the circumstances. If you provided a service and the client benefited, courts can imply a contract based on what’s called “quantum meruit” or “unjust enrichment.”

That means you may still be entitled to compensation — even if no formal agreement exists — as long as you can prove:

• You provided valuable services
• The recipient accepted and benefited from them
• You reasonably expected to be paid

What If the Client Disputes the Price?

If there’s no agreed-upon number in writing, the court will determine a “reasonable value” for your services — based on industry standards, prior dealings, or third-party estimates.

But be warned: the longer you wait, the more leverage the other side gains. Emails, invoices, and performance records can fade fast — and so can your legal position.

Common Legal Pitfalls in Scope & Fee Disputes

• No Signed Agreement: “Handshake” deals are legally risky and harder to enforce.
• Scope Creep: When the project grows beyond the original terms, and no change order is documented.
• Silence ≠ Agreement: Courts won’t assume someone agreed just because they didn’t object right away.

How to Win or Defend These Cases

If you're enforcing payment, focus on documentation — even if informal:

• Emails confirming deliverables or pricing
• Text messages showing approval to proceed
• Invoices with detailed descriptions
• Proof of performance (photos, files, client usage)

If you're defending, look for:

• Missing mutual assent
• Discrepancies between what was promised and what was delivered
• Claims that go beyond the agreed scope

Bottom Line: Don’t Wait for a Lawsuit

If you’ve performed work and haven’t been paid — or are facing a claim you didn’t expect — the earlier you get legal counsel involved, the better your position.

📞 Schedule a consult with JDE Law Firm, PLLC:
www.jdelaw.nyc | NY: 718-966-0877 | NJ: 732-490-7120

My business is to protect your business.