Quantum Meruit:

The term “quantum meruit” is a Latin maxim used in claims for work that is performed. The claim in “quantum meruit” is made where an aggrieved party performs some service and desires to be paid for his efforts, but is being denied. In the context of building and construction law, these services may include:

• Surveying;
• Excavation;
• Construction;
• Fit-out;
• Renovation;
• Adjustments which do not fall under the purview of the original agreement; and
• Other work done on the construction site or connected to the building of a dwelling or structure.

The claim in “quantum meruit” is made in situations where there either is no contract or where a contract is silent on some aspect of work done. These matters may arise in building and construction disputes even if there is a contract for the building and construction of a residential or commercial project. The claim must be made in situations where:

• A contract exists but the amount, cost or price of the work done is not specified;
• Work has been done outside of the scope of the contract, but the work was necessary to the project or the client;
• Work has been commenced while the terms of the contract are being negotiated (this is known as quasi contract); or
• Work is done under a contract that fails for some other legal reason.

Essentially, the “quantum meruit” claim derives from the legal concepts of unjust enrichment (which prevents a benefiting party from the fruits of somebody else’s labour without due consideration) and restitution (which is a legal principle that aims to restore justice between the parties). The necessary elements of the claim in “quantum meruit” can be broken down into the following three limbs:

• The party against whom the claim is being made has received some benefit;
• That benefit obtained by the party against whom the claim is made has been obtained from the claiming party; and
• The law would consider it unjust to allow the party against whom the claim is made to retain the benefit without due account.

A “Quantum Meruit” Solicitor will take all of these matters into consideration when providing legal advice as to the options and alternatives available to a potential litigant who (a) believes that he is owed an amount of money for work completed, or (b) a person who disputes that any money is owed to a third party for work allegedly completed by them. The “Quantum Meruit” Lawyer will assess the particulars of the relationship between the parties, the context of this relationship and the facts and the relevant law, before providing the legal advice necessary.

If you require assistance in relation to "quantum meruit" claim, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.