Meaning of quantum meruit - Revision history

Designing Buildings at 07:40, 26 October 2020

2020-10-26T07:40:36Z

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	* Expert opinions regarding what constitutes a reasonable sum.		* Expert opinions regarding what constitutes a reasonable sum.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
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−	=== Related articles on Designing Buildings Wiki ===	+

	* Construction contract.		* Construction contract.
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	* The distinction between liquidated damages clauses and penalty clauses.		* The distinction between liquidated damages clauses and penalty clauses.

−	[[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings: moved Quantum meruit to Meaning of quantum meruit

2018-02-15T17:05:23Z

moved Quantum meruit to Meaning of quantum meruit

← Older revision

Revision as of 17:05, 15 February 2018

Designing Buildings at 17:05, 15 February 2018

2018-02-15T17:05:06Z

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	The contractor must demonstrate that the employer requested, either expressly or impliedly, the work to be done, or freely accepted it. However, in practice, it can prove difficult for the contractor to prove the exact amount of their entitlement under the principle of quantum meruit.		The contractor must demonstrate that the employer requested, either expressly or impliedly, the work to be done, or freely accepted it. However, in practice, it can prove difficult for the contractor to prove the exact amount of their entitlement under the principle of quantum meruit.
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	There are no stipulations as to how the reasonable sum is to be assessed as circumstances often differ. The assessment of a claim for quantum meruit in the absence of a contract will differ from the assessment of a reasonable sum to be paid within a contractual framework. Where work done outside an existing contract gives rise to a quantum meruit claim, the contractor should be paid at a fair commercial rate rather than as though it had been performed under the contract (which may be a different rate).		There are no stipulations as to how the reasonable sum is to be assessed as circumstances often differ. The assessment of a claim for quantum meruit in the absence of a contract will differ from the assessment of a reasonable sum to be paid within a contractual framework. Where work done outside an existing contract gives rise to a quantum meruit claim, the contractor should be paid at a fair commercial rate rather than as though it had been performed under the contract (which may be a different rate).

Designing Buildings at 08:09, 20 December 2017

2017-12-20T08:09:42Z

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−	Quantum meruit is a Latin term meaning ‘the amount deserved’ or ‘what the job is worth’~~, and~~ is used to refer to a claim for a reasonable sum~~. This is used~~ when a contractor seeks payment for work which has not been determined by a contract.	+	Quantum meruit is a Latin term meaning ‘the amount deserved’ or ‘what the job is worth’. It is used to refer to a claim for a reasonable sum, such as when a contractor seeks payment for work which has not been determined by a contract. If there is a contract that entitles one party to receive an agreed or reasonable sum from the other then the law of contract applies and a claim for quantum meruit cannot be used.

−	The contractor must demonstrate that the employer requested, either expressly or impliedly, the work to be done, or freely accepted it. In practice, it can prove difficult for the contractor to prove the exact amount of their entitlement under the principle of quantum meruit.	+	A claim may arise in circumstances, including:
−		+
−	~~If there is a contract that entitles one party to receive an agreed or reasonable sum from the other then the law of contract applies and a claim for quantum meruit cannot be used.~~ A claim may arise in ~~certain~~ circumstances, including:	+

	* Where there is a quasi-contract (e.g. where some contractual terms have been agreed but price has not).		* Where there is a quasi-contract (e.g. where some contractual terms have been agreed but price has not).
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	* Where there is work done that falls outside the contract.		* Where there is work done that falls outside the contract.
	* Where there is work done under a void or unenforceable contract.		* Where there is work done under a void or unenforceable contract.
		+
		+	The contractor must demonstrate that the employer requested, either expressly or impliedly, the work to be done, or freely accepted it. However, in practice, it can prove difficult for the contractor to prove the exact amount of their entitlement under the principle of quantum meruit.
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		+

	There are no stipulations as to how the reasonable sum is to be assessed as circumstances often differ. The assessment of a claim for quantum meruit in the absence of a contract will differ from the assessment of a reasonable sum to be paid within a contractual framework. Where work done outside an existing contract gives rise to a quantum meruit claim, the contractor should be paid at a fair commercial rate rather than as though it had been performed under the contract (which may be a different rate).		There are no stipulations as to how the reasonable sum is to be assessed as circumstances often differ. The assessment of a claim for quantum meruit in the absence of a contract will differ from the assessment of a reasonable sum to be paid within a contractual framework. Where work done outside an existing contract gives rise to a quantum meruit claim, the contractor should be paid at a fair commercial rate rather than as though it had been performed under the contract (which may be a different rate).

Editor at 15:45, 19 December 2017

2017-12-19T15:45:57Z

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	* Letter of intent.		* Letter of intent.
	* Loss and expense.		* Loss and expense.
		+	* Payment for extra work.
	* Remeasurement.		* Remeasurement.
	* Retention.		* Retention.

Editor: Created page with "Quantum meruit is a Latin term meaning ‘the amount deserved’ or ‘what the job is worth’, and is used to refer to a claim for a reasonable sum. This is used when a contrac..."

2017-12-19T14:27:38Z

Created page with "Quantum meruit is a Latin term meaning ‘the amount deserved’ or ‘what the job is worth’, and is used to refer to a claim for a reasonable sum. This is used when a contrac..."

New page

Quantum meruit is a Latin term meaning ‘the amount deserved’ or ‘what the job is worth’, and is used to refer to a claim for a reasonable sum. This is used when a contractor seeks payment for work which has not been determined by a contract.

The contractor must demonstrate that the employer requested, either expressly or impliedly, the work to be done, or freely accepted it. In practice, it can prove difficult for the contractor to prove the exact amount of their entitlement under the principle of quantum meruit.

If there is a contract that entitles one party to receive an agreed or reasonable sum from the other then the law of contract applies and a claim for quantum meruit cannot be used. A claim may arise in certain circumstances, including:

* Where there is a quasi-contract (e.g. where some contractual terms have been agreed but price has not).
* Where no price has been fixed.
* Where there is work done that falls outside the contract.
* Where there is work done under a void or unenforceable contract.

There are no stipulations as to how the reasonable sum is to be assessed as circumstances often differ. The assessment of a claim for quantum meruit in the absence of a contract will differ from the assessment of a reasonable sum to be paid within a contractual framework. Where work done outside an existing contract gives rise to a quantum meruit claim, the contractor should be paid at a fair commercial rate rather than as though it had been performed under the contract (which may be a different rate).

Evidence that can prove useful to a claim includes:

* Any abortive negotiations relating to price.
* The prices in a related contract.
* Calculations based on the net cost of labour and materials.
* Expert opinions regarding what constitutes a reasonable sum.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Construction contract.
* Contract conditions.
* Contract law.
* Contract sum.
* Defined cost.
* Difference between lump sum and measurement contracts.
* Disallowed cost.
* Glossary of property law terms.
* Letter of intent.
* Loss and expense.
* Remeasurement.
* Retention.
* Right to payment.
* The distinction between liquidated damages clauses and penalty clauses.

[[Category:Contracts_/_payment]] [[Category:Procurement]]