Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is ***** ***** I'm an attorney licensed in Tennessee.
Oral contracts are enforceable as long as they are to be performed within 12 months of the agreement being made. Thus, in this case, since you agreed to pay the contractor for doing the work (even though you never really gave the "go ahead"), any other terms that went along with that agreement would be legally enforceable as well.
Thus, you should maintain your willingness to pay for the work as long as you are provided the warranty as agreed. If the contractor won't accept that, then you could take the position that you never authorized the work and that you're not obligated to pay because you didn't give consent before he put the fence up.