QUANTUM MERUIT IN THE HIGH COURT PART II: THE CONTRACT IS FAR FROM IRRELEVANT
13. Nov 19 5:15 pm - 7:00 pm
Quantum Meruit in the High Court Part II: The contract is far from irrelevant 6 Places remainingLevel 10, 99 Elizabeth Street
Sydney NSW 2000
It has long been understood that a builder who terminates a contract for repudiation is entitled to a quantum meruit - broadly, a ‘fair price’ - for work
Yesterday the High Court in Mann v Paterson decided otherwise. Where a contract provides progress payments for stages of work done, the builder is entitled only to the contract price for the stages completed. For stages started but not completed, the majority held that a quantum meruit was available, but in an amount fixed by rates and prices in the contract, not a fair price at large.
This decision has significant implications for builders, principals and contract drafters. What are the hallmarks of a contract that provides for payment by stages? How exactly will contract rates and prices be used to calculate a quantum meruit to the extent the remedy remains available? What risks and advantages should be weighed when contemplating accepting a repudiation and electing to terminate?
Derek Hand and Lucas Shipway will discuss these and other questions at a Greenway CPD on 13 November 2019. We hope you can join us.
1 point in Substantive Law