Judge rules WhatsApp exchange forms a legally binding contract in demolition case
In a groundbreaking ruling, a judge has confirmed that a WhatsApp exchange can constitute a valid contract in a legal dispute over demolition work. Roger ter Haar KC, a deputy High Court judge from Crown Office Chambers, delivered the judgment after reviewing a lengthy 50-page ruling that examined whether informal WhatsApp messages and emails could be considered legally binding.
The case involved Jaevee Homes, a property developer, and Steve Fincham, a demolition contractor, who became embroiled in a dispute over unpaid fees following demolition works at a former nightclub in Norwich. Fincham was owed nearly £146,000 for his work, a matter adjudicated in his favour before being brought before the Technology and Construction Court (TCC) when Jaevee failed to pay.
In the 81st paragraph of the ruling, Judge ter Haar unequivocally stated, “The exchange of WhatsApp messages, whilst informal, evidenced and constituted a concluded contract.” This marks a significant moment in contract law, particularly in relation to digital communications, where informal channels like WhatsApp messages can now be seen as forming binding legal agreements.
Embed from Getty ImagesJaevee Homes had contested that the only valid contract was a formal written agreement, yet Fincham argued that the contract was built upon the correspondence exchanged via email and WhatsApp, which had governed the terms of their working relationship.
The judgment adds to a growing body of case law recognising digital communications, such as emails and messaging apps, as valid methods of forming contracts, even when not backed by formal signatures or documentation.
