Can I enforce a WhatsApp agreement for a construction job if the contractor now denies the price?

Hello. Courts have held that electronic correspondences are capable of forming binding contractual agreements where they meet the contractual elements. Do reach out to us for further advice and assistance should you still be in need.

Hello, The law recognizes electronic evidence as admissible in court. Accordingly, in your case, you may produce screenshots of your WhatsApp communications as evidence in support of the contractual agreement. Please reach out to us for a detailed legal opinion.

Under Kenyan law, an agreement reached over WhatsApp is legally enforceable where the scope of work, price and acceptance are clear, and payment has been made. The contractor has no right to demand additional payment unless a variation was expressly agreed in writing. We can rely on the WhatsApp chats and payment records to issue a formal demand requiring him to complete the works as agreed or refund the monies paid, and if he walks away, we can help you pursue recovery of the losses and completion costs through the Small Claims Court or the Magistrate’s Court.

In Kenya, agreements concluded over WhatsApp can be legally enforceable if they meet the essential elements of a contract, which include: offer, acceptance, consideration, and intention to create legal relations. Accordingly, if a contractor commences work pursuant to such an agreement and subsequently demands additional payment contrary to the agreed terms, this constitutes a breach of contract, giving the aggrieved party several remedies under Kenyan law. The party may recover any payments already made, as these represent part performance under the agreed contract, and may also claim additional losses incurred in completing the work, including the cost of hiring a replacement contractor or paying more to complete the project, as well as any consequential losses directly arising from the breach.