The payment of a deposit on work does not prove, in the absence of an accepted estimate, that the customer has agreed to their execution and to the total price. Without a quote signed by the client, recalled the Court of Cassation, there is no obligation to pay for work, whatever the attitude of this client.
The case concerned decorative masonry work which had been carried out additionally during construction and which the client had only partly paid for by paying two deposits. But having subsequently stopped paying, he was the subject of a lawsuit by the contractor.
But the fact that this client had to pay deposits, and that he said nothing when receiving the invoice, does not prove that he originally accepted the execution of this work and the price requested, the judges recalled.
No tacit and friendly agreement, without quote sign
Although he let the undertaking proceed and even expressed his agreement in principle for the project to be carried out, he was not required to pay.
Justice also dismissed the argument of the contractor who invoked the friendly and usual relations between the two parties to explain the absence of an accepted estimate, a formality in principle essential. It is in fact the estimate, the Court of Cassation has already ruled, which allows one to demand payment and the other to demand the work be carried out.
(Cass. Civ 3, 18.1.2024, P 22-14.075).
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