Repudiation, termination and 'quantum meruit'

Julian Bailey

May 2006

A paper based on the second prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.

Introduction - What is a quantum meruit? - Historical origins of the alternative quantum meruit remedy - Subsequent 19th century cases - Post-19th century cases - Discussion - Conclusion.

When an employer wrongfully terminates a construction contract, what rights to compensation for work already completed does the building contractor have? Julian Bailey discusses the case law from a range of common law jurisdictions on the question of whether the building contractor may - if it is in his interests - choose a restitutionary remedy based on a quantum meruit concept in preference to an action for damages for breach of contract; and, if so, whether the contract rates form a cap on his entitlement.

The author: Julian Bailey is a solicitor with CMS Cameron McKenna LLP.

Text: 26 pages

PDF file size: 453k