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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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A contractor started working with the company in November of

Customer Question

A contractor started working with the company in November of 2015. We just found out that we don't have a contractor agreement for him on file and he never signed the one we gave him.Can we just have him sign now and have the "Effective Date" be the date he started in November so that all the obligations apply starting as of that date? Or is that considered inappropriate/unenforceable back-dating? If we can't do that, what is the solution?Thanks.
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

You can have the contractor sign and date the contract for "today's date" but have the contract given an "effective date" for the date he first started working (based on the fact that you have records of him receiving that specific contract at or before that date).

If he refuses to sign in such a way - you can still hold him to those standards under equitable principles (it isn't quite as effective, but for most purposes it will work).

And in many cases, simply having the contractor receiving the contract and initiating work under the terms will be deemed "acceptance" making the written contract enforceable.