Sunday, September 07, 2014

Contract by email

In a recent Superior Court case, Clean Properties, Inc. v Riselli (2014 WL 4082266), the judge ruled that a mechanic's lien could be enforced against a property owner who emailed her acceptance of the company's written offer. Judge Salinger wrote:

"Nothing in the mechanic's lien statute requires a physical signature by Riselli on a piece of paper rather than an acceptance of written contract terms by an electronic signature that is conveyed by email...Now that Massachusetts has adopted the Uniform Electronic Transactions Act, it is clear that a contract is formed when someone accepts a written offer by email, and that such a written contract is enforceable under Massachusetts law...by including her typed name in the signature block of the email, Riselli used the email as her 'electronic signature....'"

See also our page on Mechanics Liens.