SETTLING CLAIMS USING "REAL LIFE" NUMBERS

Quantum meruit means "as much as he deserves." In construction claims cases, quantum meruit establishes the amount of damages where recovery under the terms of the contract would be unreasonable or nonexistent. Claims may be divided into two components--entitlement (is the claimant entitled to recover cost?) and quantum (if the claimant is entitled, how much compensation is due?). Quantum meruit is applicable where work is performed under a contract that is later found defective, unenforceable, or invalid. It also applies if the owner demanded additional work that breached the contract. This article discusses the two approaches from which quantum meruit can be applied, unjust enrichment and restitution. Quantum meruit doesn't apply if an "express" contract exists, with two exceptions, partial completion and extra work, both of which are discussed in this article.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/03620506
• Corporate Authors:

  Cahners Publishing Company

  275 Washington Street
  Newton, MA  United States  02158-1630
• Authors:
  • Becica, M
• Publication Date: 1989-6

Media Info

• Pagination: p. 50-51
• Serial:
  • Highways and Heavy Construction
  • Volume: 132
  • Issue Number: 7
  • Publisher: Cahners Publishing Company
  • ISSN: 0362-0506

Subject/Index Terms

• TRT Terms: Construction industry; Contracts; Insurance claims; Loss and damage claims
• Old TRIS Terms: Quantum meruit; Restitution, legal; Unjust enrichment
• Subject Areas: Administration and Management; Construction; Highways; Law; I10: Economics and Administration;

Filing Info

• Accession Number: 00485350
• Record Type: Publication
• Files: TRIS
• Created Date: Jul 31 1989 12:00AM