Beware what you promise on WhatsApp – it could be a binding contract

By Louis Twitchett 2025-08-28T06:00:00

Informal messages can form a binding contract even without formal documentation

A recent ruling from the Technology and Construction Court (TCC) has spotlighted how WhatsApp or similar types of messages can be interpreted as binding contractual communications, even in the absence of any formal documentation. This means it’s time to review your firm’s use of such platforms.

In Jaevee Homes Ltd vs Fincham (2025), the court concluded that a series of informal WhatsApp messages between a developer and a contractor was evidence of a contract, despite the absence of a signed agreement or formal documentation. This case serves as a wake-up call for anyone in the construction industry and beyond who relies on WhatsApp and other informal messaging platforms for everyday business communication.

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