What is the test for determining whether a contract is valid or invalid?

[41 Cal.App.4th 1443] North Bay argues that it has substantially performed the contract and great harm will result if the contract is declared invalid. It asks this court to "exercise its equitable powers in reviewing the positions of the various parties." North Bay provides no citation to authority for this vague request and it is premised upon facts outside the record; therefore, we decline to consider it. (Atchley v. City of Fresno (1984) 151 Cal.App.3d 635, 647, 199 Cal.Rptr. 72.)