Here’s a typical situation in the construction industry: Subcontractor submits a bid, contractor notifies subcontractor that its bid is accepted, contractor sends a subcontract for signature, subcontractor starts work on project but doesn’t sign or return written subcontract agreement. Later, the parties get into an argument about something other than the unsigned subcontract.
Do they have a contract, and are the terms of that contract those set forth in the unsigned subcontract? Under those facts, they probably do have a contract and the unsigned subcontract terms and provisions are probably applicable. That’s what the Colorado Court of Appeals generally concluded in a 2005 decision.