Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials
ConstructionRisk.com Report Vol. #14, Issue #2
See article in the following topic indices:
Apparent Authority,Change Orders,Contract - Notice Requirements,Design-Build,Estoppel,Implied Contract,Quantum Meruit,Unjust Enrichment
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A design-build contractor that entered into a fixed-price contract to upgrade the heating, air conditioning and ventilation (HVAC) system in college dormitories satisfactorily performed all the work it was contracted to do, but also performed significant additional work to correct problems with the existing HVAC system that had not been identified at the outset of [...]
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“Pay-If-Paid Clause” Enforced as Condition Precedent to Subcontractor Right to Payment
ConstructionRisk.com Report Vol. #14, Issue #2
See article in the following topic indices:
Pay-If-Paid,pay-when-paid,Payment Disputes,Quantum Meruit
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A “pay-if-paid” clause was enforceable to deprive a subcontractor (Sub) to sue the general contractor (GC) for withheld retainage where the project owner, a condominium developer, failed to pay the balance it owed to the general contractor which would have included payment for the sub’s retainage. The Alabama Supreme court in Lemoine Company v. HLH [...]
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Architect Not Entitled to Recover Fee for Services on Foreign Embassy Because Not Licensed in Washington, D.C.
ConstructionRisk.com Report Vol. #13, Issue #7
See article in the following topic indices:
Embassy Contracts,Licensing Issues,Quantum Meruit
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An architect licensed in the state of Maryland but not in Washington, D.C. entered into, and won, a competition for the architectural design of a new embassy and chancery building in Washington, D.C. for the United Arab Emirates (“UAE”). Because she was not licensed in Washington, she was found by the court to have violated [...]
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Contractor Recovers More in Quantum Meruit Than it Would Have Under a Void Contract
Breach,Contract - Not Signed,contract void,Quantum Meruit
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Engineer that performed feasibility planning and design services for a City’s new water treatment facility was replaced by the City by another engineer, and was not paid for its work nor allowed to complete the project. The trail court awarded the engineer damages for the City’s breach of contract. The city appealed the verdict. It [...]
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Quantum Meruit Recovery by Contractor Against Cher
Breach of Contract,Contract - Not Signed,contract voidable,Quantum Meruit
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Contractor began construction on a $4.2 million home for Cher (movie star and singer/entertainer) based on a oral agreement that Cher would execute a written contract that had allegedly been negotiated between the parties. Although Cher is alleged to have promised to sign the contract, she never signed it. The contractor performed work under the [...]
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Contractor Recovers More in Quantum Meruit Than it Would Have Under a Void Contract
contract void,Quantum Meruit
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Engineer that performed feasibility planning and design services for a City’s new water treatment facility was replaced by the City by another engineer, and was not paid for its work nor allowed to complete the project. The trail court awarded the engineer damages for the City’s breach of contract. The city appealed the verdict. It [...]
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Contractor Can Sue Architect on Quantum Meruit Basis Where no Contract Exists
ConstructionRisk.com Report Vol. #12, Issue #2
See article in the following topic indices:
Quantum Meruit
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Lauren McLaughlin, Esq. Briglia McLaughlin, PLLC – Vienna , VA The Latin phrase “quantum meruit” means “as much as he deserves” and is a legal theory relied upon by those seeking to make another party liable for services rendered in the absence of a contract. Through this quasi-contract theory, the aggrieved party seeks to be [...]
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