Quantum meruit is Latin for “the amount deserved”. At construction law, quantum meruit is a cause of action often sought by builders or contractors in building disputes. Our Sydney Construction Lawyers are exceptionally experienced assisting builders and contractors obtain orders in quantum meruit. There are generally two situations in which quantum meruit will be raised:
- Where the owner has been unjustly enriched by the work completed by the builder. For example, where the construction work was completed under an unenforceable contract, and the owner seeks to evade paying the builder for the work completed; and
- Where the owner has denied the contract, the builder may be able to initiate proceedings on a quantum meruit basis, seeking payment for the work completed to date.
Quantum meruit might also be raised in circumstances where a building contract is terminated midway, and the contract did not envisage or address payment of costs for partial construction.
In order to obtain a favour order under quantum meruit, the builder must prove their work is worth a reasonable set amount, which may not be as high as the original contract price and may require expensive expert determination. It will also be necessary to show that the work has benefited the recipient.
Our Construction Lawyers will analyse your situation to determine whether quantum meruit is the most beneficial option available to you. Contact our office to arrange a consultation with an experienced Construction Disputes Lawyer. For a full list of our office locations, with complete addresses, click on our Locations tab above or contact our main office line on (02) 9233 4048.
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