An alternative approach to a DIY contract is to exchange emails. Simply email the other side with your lists of who is doing what and ask them to confirm by return email. This will give you a clear and valuable record of what was agreed, which is evidence of what was agreed, i.e. evidence of your unwritten contract. As you can see, a signed DIY contract and written evidence of an unwritten contact are very closely related – there may not be much difference between them.
Some records are better than others; compare telemarketing data an exchange of emails with notes alleged to have been taken during the meeting. What if the notes were made on a branded notepad with the logo of the serviced offices where the meeting took place? What if they were made on an iPad? These are all useful, to varying degrees. These days, saved text message streams can also be helpful. The best scenario is for the written record to be in one place, showing some form of acknowledgement from the other side.
Final Thoughts on Trust
When it comes to trust, in my experience, the problem with unwritten contracts rarely stems from dishonesty. I have heard someone saying words with no melody: ‘I never said that.’ Maybe you have too. In those instances, we might be able to find an email or text to remind them; at other times, we might not. However, for the most part, the flaws in informality stem from our humanness – not listening, forgetting and having our own points of view of what ‘should’ be done. It’s so much simpler to get it down in writing – and contracts and written records don’t destroy trust. Far from it. They enable you to have important conversations and, in doing so, to build and nurture your business relationships.