What is a quantum meruit claim?
Quantum meruit means a reasonable sum for work done. It is a claim for fair payment when there is no agreed price, or when the contract does not cover the work.
What it means
Quantum meruit is Latin for as much as is deserved. It is a claim for a fair price for work that was done and accepted, when no price was agreed.
It often comes up when work started before signing. It also comes up when the contract ended early or the work fell outside it.
What you usually need to show
- You did the work, or supplied the goods.
- The other side asked for it, or accepted the benefit.
- There was no agreed price that covers the work.
- The sum you ask for is fair for that work, with evidence.
- Records of time, materials, plant and rates.
Practical points
The rules differ by state and by the facts. Courts look at what a fair price would have been, and a rate from the contract or the market is a good guide.
A written instruction is not always needed, but proof that the other side asked for or knew of the work helps a great deal. Photos, emails and site diaries all matter.
Every Australian state and territory also has its own security of payment law, and some claims for work may sit under it. For example, Queensland uses the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). Check which path fits your claim.
Related answers
Questions
Is quantum meruit the same as a variation claim?
No. A variation claim comes from the contract. Quantum meruit is a fair price claim when the contract does not answer the question.
Can I claim quantum meruit if I have a signed contract?
Sometimes, if the work falls outside the contract or the contract has ended. It depends on the facts.
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