Bay Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide certain services. Nothing is expressed about payment. Cool provides the services, but Bay refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had

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Since nothing was expressed about payment, there is no formal contract between the parties. However, an implied-in-fact contract can arise when a party provides services and the other party accepts them knowing that payment will be expected. Therefore, the chief issue in the lawsuit would likely be whether an implied-in-fact contract existed between Bay and Cool.