A home building contract must have a clause that states all variations are to be in writing and signed by the parties. It is common these days for the parties to document their variations by email, where the emails contain an electronic signature.
The nature of signing a document involves writing your name on a document or a mark representing it, and this unique mark will demonstrate the link between you and the signature.
It is very possible for emails containing electronic signature to be sent by a person other than the person whose electronic signature appears on the email. Given this, an email containing an electronic signature may not be considered to be “signed”.
If you wish to continue to use emails to document variations, it is best to simply print them out, and have both parties physically sign those pages to avoid problems.
This entry was posted on Wednesday, April 8th, 2009 at 12:45 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.