Oh Mann! High Court clarifies availability of quantum meruit claims of construction contracts

On 9 October 2019, the High Court handed down a landmark judgment which has restricted the ability of contractors to rely on the long-standing option of claiming quantum meruit.

In brief

On 9 October 2019, the High Court handed down a landmark judgment which has restricted the ability of contractors to rely on the long-standing option of claiming quantum meruit. What used to be an alternative method of relief has now been restricted and highlights the importance of adhering to and following the provisions of the written contract.

What you need to know

Quantum meruit has been a long-standing principle whereby a contractor could claim their reasonable value of the work carried out as an alternative to damages under contract. Importantly, this reasonable value was usually calculated with the assistance of expert witnesses and not by reference to the contract. In some contracts, the...