Informal messages can carry serious contractual consequences, with construction businesses in particular facing costly disputes when WhatsApp exchanges unintentionally create or amend agreements

Businesses increasingly rely on messaging apps to communicate, often without considering the potential legal weight these apparently casual exchanges can carry. A quick “yes” or “sounds good” – or even an emoji – could create a legally binding agreement.

That might sound unlikely, but recent cases show how significant these informal conversations can become. In Jaevee Homes Ltd v Fincham [2025], the High Court in England found that WhatsApp messages were enough to form a binding construction contract.

Ryan McCuaig, senior associate in Anderson Strathern’s Construction Disputes team (Image: Chris Watt Photography)

So, when does a quick message result in a contract and what does that mean for businesses in Scotland, particularly for those in construction?

What’s the law in Scotland, and could this case have influence?

Scots contract law has traditionally developed through common law and court decisions, rather than a single piece of legislation. The Contract (Formation and Remedies) (Scotland) Act 2026, which received Royal Assent earlier this year, enshrines a number of those existing rules in statute.

The act recognises that agreement can........

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