Ever Tite Roofing Corp v Green Case Summary: Understanding the Key Details and Outcomes of the Ever Tite Roofing Case

**Ever-Tite Roofing Corp v. Green** is a notable 1955 contract law case from the Louisiana Court of Appeals. The decision focuses on contract formation, specifically when an offer is accepted, and the legal implications for both parties. Here’s a concise summary:

**Facts:** Ever-Tite Roofing Corp, a roofing contractor, gave a proposal to the Greens (homeowners) to re-roof their house. The proposal required acceptance "upon execution of the contract or upon commencement of work." Ever-Tite reviewed the Greens’ credit, loaded trucks, and arrived at the property ready to start work. On arrival, they found another contractor already performing the job, and the Greens refused Ever-Tite's services.

**Issue:** The central issue was whether a binding contract existed—and if so, when it was formed. Did acceptance occur only when Ever-Tite began actual re-roofing, or did loading the trucks and proceeding to the site constitute acceptance?

**Holding:** The court held that the contract was accepted when Ever-Tite began performance—in this case, when the company loaded trucks and drove to the site. The court reasoned that "commencement of work" included preparatory acts, not merely the physical installation of roofing.

**Rationale:** Since Ever-Tite incurred expense in reliance on the contract, and the Greens never revoked the offer before acceptance, the homeowners were in breach by refusing performance.

**Significance:** This case clarified that the commencement of performance can constitute acceptance of a contract, especially when preparatory acts are substantial and undertaken in reliance on the offer. As a designer, I appreciate how the coordinated logistics and timeline management in this case echo the planning phases of a design project, where early preparation is as crucial as execution.

In scenarios where logistics and project milestones are essential, professionals—whether contractors or designers—can benefit from robust planning tools. For instance, using a floor planner can help streamline both the preparatory and execution stages of a home improvement project.

Tips 1:

When entering a service contract, clarify exactly when acceptance and performance begin. Document all preparatory steps and when they occur—these details may prove critical if a dispute arises. As a designer, I recommend an organized project checklist or workflow management tool to ensure contract milestones are well tracked and communicated.

FAQ

Q: What is the main legal principle from Ever-Tite Roofing Corp v Green?

A: Acceptance of a contract offer can occur through commencement of performance, including preparatory acts, not just the main work.

Q: Why did Ever-Tite Roofing Corp win the case?

A: Because they commenced performance as stipulated by the contract and the Greens failed to revoke the offer before acceptance.

Q: How does this case impact service contracts?

A: It highlights that preparatory work may signify acceptance, making contract terms and clear communication essential for all parties.

Q: What actions are considered "commencement of work"?

A: Significant preparatory acts such as loading equipment and heading to the worksite—in this case, not just beginning installation.

Q: How can professionals avoid similar disputes?

A: By using thorough project management practices and clear contractual language about when acceptance and performance begin.