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ARTICLE · 25 JUNE 2009

Court Reviews Quantum Meruit Claims

Cooper Grace Ward
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In the recent decision of Sopov & Anor v Kane Constructions (15 June 2009) the Victorian Court of Appeal considered the entitlement of a builder to make a claim outside of a contract for the reasonable value of construction works (known as a "quantum meruit" claim).

AustraliaReal Estate and Construction
Rocco Russo
Rocco Russo
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In the recent decision of Sopov & Anor -v- Kane Constructions Pty Ltd (No. 2) [2009] VSCA 141 (15 June 2009) the Victorian Court of Appeal considered the entitlement of a builder to make a claim outside of a contract for the reasonable value of construction works (known as a "quantum meruit" claim).

The works in question had been performed under a contract which was brought to an end as a result of the owner's conduct after the works had been substantially completed by the builder.

Basis of claim relevant to amount that can be recovered

Recovering the reasonable value of works on a quantum meruit basis, as opposed to suing for contract damages, is relevant to the amount that can be recovered.

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