This article originally appeared in The Construction
Economist. The Construction Economist is a publication of the
Canadian Institute of Quantity Surveyors (CIQS) and can be found at
http://www.ciqs.org/english/the-construction-economist.
Most construction lawyers include a pro forma paragraph in their
standard construction lien and breach of trust claims seeking
payment on the basis of quantum meruit. Given the limited
information one sometimes has when issuing a claim, most lawyers
reasonably subscribe to the principle that it is better to have and
not need then it is to need and not have. Accordingly, claims for
payment on a quantum meruit basis are often essentially ignored
throughout most of the litigation, which may be detrimental to the
parties if the argument is finally pursued at trial.
