Can Contractors Enforce Verbal Promises Made by Clients During a Project?

 Posted on May 05, 2026 in Civil Litigation

Contractors can sometimes enforce verbal promises made by clients, but it is not always straightforward. The outcome depends heavily on the specific facts. Verbal agreements can be legally binding contracts, but proving what was said, when it was said, and what both sides understood can be hard without written documentation. If a client made promises during a project that they are now walking back on in 2026, our Montgomery County contractors' rights lawyers can help you figure out whether those promises are enforceable and what steps to take to recover what you are owed.

Are Verbal Contracts Legally Binding in Maryland?

In Maryland, a verbal contract can be just as binding as a written one. A contract does not have to be in writing to be enforceable. To form a valid contract, there has to be an offer, an acceptance of that offer, and something of value exchanged between the parties. That last part is called consideration. If a client verbally agreed to pay extra for additional work and you did that work based on their promise, a valid contract may have been formed even without anything in writing.

That said, verbal contracts are much harder to enforce than written ones, and not all contracts are binding in verbal form. The biggest challenge is proof. If the client denies that the promise was ever made, you have to convince a court that it happened without a signed agreement to point to.

What Types of Verbal Promises Come Up Most Often in MD Construction Projects?

Verbal promises in construction disputes tend to fall into a few common categories. These include promises to:

• Pay for extra work or change orders that were never put in writing

• Extend a deadline without cutting the contract price

• Cover unexpected costs the contractor ran into

• Approve additional materials or upgrades

• Pay a bonus for finishing faster than required

Any of these can become the center of a dispute if the client later refuses to follow through, and there is nothing in writing to back up the contractor's claim.

What Evidence Can Be Used to Prove a Verbal Promise on a Construction Project?

When there is no written contract or change order to rely on, contractors have to build their case using other evidence. The strongest types include:

• Text messages, emails, or voicemails where the client confirmed the agreement or what was discussed

• Witness accounts from employees, subcontractors, or others who were present when the promise was made

• Invoices the client received and never disputed

• Payment records showing the client paid for similar extra work before

• Project notes or logs that document what was discussed and when

• Photos showing work that was done in reliance on the promise

Even a single text message where a client says something like "yes, go ahead with that" can be strong evidence that an agreement was made.

What Is Quantum Meruit and How Does It Help Contractors in Maryland?

Even when a contractor cannot prove a specific verbal promise, they may still be able to get paid under a legal theory called quantum meruit. This Latin term means "what one has earned." Under quantum meruit, a contractor can recover the fair value of work they performed when it would be unfair to let the client benefit from that work without paying for it.

This type of claim is useful when extra work was done without a formal change order, but the client accepted and benefited from the work anyway. Maryland courts have long recognized quantum meruit as a way to prevent unjust enrichment, which means stopping someone from benefiting at another person's expense without paying for it.

Does Maryland's Home Improvement Law Affect Verbal Contract Claims?

Under Maryland Code, Business Regulation § 8-501, home improvement contracts over a certain dollar amount must generally be in writing and signed by both parties to be enforceable. If you are working on a residential project and the original contract or a change order was not put in writing as required, it may limit your ability to enforce that agreement in court.

This does not necessarily mean you have no options. Quantum meruit claims may still be available, even when a written contract was required but not used. But it does show why getting promises in writing during a project is so important, and why getting legal advice early when a dispute comes up can help you understand what remedies are actually available to you.

What Should Contractors Do When a Client Makes a Verbal Promise?

The best time to protect yourself is before a dispute ever starts. When a client makes a verbal promise during a project, try to confirm it in writing right away. A simple email saying "just to confirm our conversation today, you agreed to pay an additional $5,000 for the following work" creates a written record. If the client does not dispute it, that email can serve as strong evidence of the agreement.

If you are already in a dispute and trying to recover based on a verbal promise, gather every piece of documentation you have and contact an attorney before doing anything else. What you say and do after a dispute starts can affect your legal position.

Contact Our Rockville, MD Contractors’ Rights Lawyers Today

When a client breaks a verbal promise, you deserve to have someone fight for what you earned. The Montgomery County contractors' rights attorneys at Salvado Law Offices are fully prepared and committed to taking on your case with diligence and attentiveness from the very first conversation. Call 301-933-1814 to talk through your situation and find out what can be done to enforce the promises that were made to you.

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