If a general contractor presented my wife a contract for home repairs with my name on the face of the document but she signed it and I did not, is it legally binding?

I was not happy with his work and don’t really want to use him but he did bring a public adjustor to litigate for a little bit more money for a flood insurance claim. According to the PA, he has no affiliation with them. Can I dismiss him from the job without fear of litigation?

Asked on December 3, 2015 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your wife signed the contract, then:
1) Usually, one spouse *can* sign contracts or authorize work in behalf of the other spouse, because he/she is either held to have actual authority from the spouse to do so, or at least would be reasonably seen by 3rd parties as having had authority, and 3rd parties can rely on such "apparent authority" if the perception of authority is reasonable.
2) Even if you personally cannot be held liable, your wife signed and thefore is liable on the contract, so she could be sued over it.

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