Evertite Roofing Co v Green Case Analysis: A Quick Guide to Understanding Key Aspects of the Case

The case of Evertite Roofing Co. v. Green, decided by the Louisiana Court of Appeals in 1955, is a frequently cited precedent in American contract law, especially regarding contract formation, acceptance, and revocation. Here’s a detailed analysis:

Facts:

Evertite Roofing Co. (Plaintiff) entered into a written agreement with the Greens (Defendants) to re-roof their home. The contract specified that it would become binding upon either written acceptance or the commencement of work. Due to internal checks and formalities, Evertite delayed starting the work. Upon arriving to begin, they found another contractor already working on the roof. The Greens had hired another roofer without notifying Evertite. Evertite sued for damages, claiming breach of contract.

Issue:

The key legal question was: Had a contract been formed between Evertite and the Greens, and if so, had the Greens wrongfully revoked their acceptance by hiring someone else?

Holding:

The court ruled for Evertite Roofing Co.

Rationale:

- The contract allowed for acceptance “upon commencement of work.” - Evertite commenced performance (loading trucks, traveling to the site), which the court deemed as commencement of work, even before physical labor began on the roof. - Unless the offer was revoked before acceptance through commencement, the contract was enforceable. - No notice of revocation was given by the Greens before Evertite began performance. - Therefore, the Greens were in breach when they hired another company, liable for Evertite's damages.

Significance:

This case is pivotal for clarifying when performance constitutes acceptance in unilateral contract situations. It demonstrates that internal preparation and mobilization to the worksite can count as commencement of work, not just actual work on the customer's property. For homeowners or contractors, it’s a reminder of the importance of clear communication and timely revocation if changing plans.

As a designer, this principle resonates in client relations on renovation projects. It's best practice to define clearly in your proposals when acceptance takes effect—whether upon signature, payment, or commencement of preparatory activities like ordering materials or scheduling crews. When working with digital tools for home designer workflow management, setting checkpoints for project acceptance, revisions, and kickoff helps establish smooth, legally sound project starts.

Tips 1:

Always clarify with your clients exactly when a project moves from proposal to active work—this avoids potential disputes like in Evertite. Use digital project management platforms to document acceptance and key project milestones for both parties’ protection.

FAQ

Q: What was the main legal issue in Evertite Roofing Co. v Green?

A: Whether a binding contract existed when Evertite began their work preparations, and if the Greens could revoke the offer after those preparations had started.

Q: How did the court define the “commencement of work”?

A: The court found that mobilization activities, such as loading trucks and traveling to the site, constituted commencement of work, not just physical labor at the location.

Q: Why is this case important for contractors and homeowners?

A: It clarifies at what moment a contract becomes binding when acceptance is defined by starting work, protecting both parties from misunderstandings or premature cancellations.

Q: How can designers and contractors avoid similar disputes?

A: By clearly stating in contracts what constitutes acceptance and at what stage the contract is enforceable, ensuring both sides understand the process.

Q: What lesson does this case offer regarding project management?

A: Proper documentation and communication are crucial—make sure milestones like project acceptance and commencement are clearly logged and understood by all parties involved.