Can I Sue Without a Written Contract?

The deal was made. Work was done. But no contract was signed. Now you’re out money — and wondering if you have a case.

Good news: yes, you can sue even if there’s no written contract. But you’ll need to prove that an enforceable agreement existed, even if it wasn’t on paper.

📋 What the Law Recognizes Beyond Paper

Courts recognize three key legal theories when there’s no signed contract:

1. Implied-in-Fact Contract: Based on the parties’ conduct. If both sides acted like there was a deal, a court may find one existed.
2. Promissory Estoppel: When one party reasonably relied on a promise to their detriment — even without a formal agreement.
3. Unjust Enrichment: If someone benefited at your expense without paying what’s fair, you may be entitled to recover anyway.

🧾 Real-World Examples

• A subcontractor performs work based on a verbal agreement — but the GC refuses to pay.
• A consultant delivers services under an unsigned proposal — and the client ghosts.
• A vendor ships goods based on an email thread — and the buyer denies any deal.

In each of these, courts may enforce rights based on what was said, done, and expected — even if nothing was formally signed.

📁 What Evidence Can You Use?

To build your case, gather:

• Emails, texts, or DMs confirming terms
• Invoices, checks, wire transfers, or payment history
• Proof of delivery, services rendered, or work performed
• Statements or admissions by the other party

You’re showing that a deal existed — and that you held up your end.

⚠️ Watch Out for These Pitfalls

• Statute of Frauds: Some types of contracts (e.g., real estate or deals that can’t be completed in under a year) must be in writing to be enforced.
• Ambiguity: If the terms weren’t clear, courts may refuse to fill in the blanks.

This is why it helps to work with counsel early — to frame your claim properly and avoid procedural traps.

💼 How We Help

At JDE Law Firm, PLLC, we help business owners, contractors, and consultants recover what they’re owed — even when there’s no paper trail.

If you delivered and they didn’t pay, don’t assume you’re out of options.

📅 Book a 15-minute strategy consult now