Quantum Meruit

Discussion in 'Irrigation' started by Critical Care, Nov 14, 2006.

  1. Critical Care

    Critical Care LawnSite Bronze Member
    Posts: 1,654

    This could be important to you. Lets start out with a situation that could happen to an irrigation contractor.

    A homeowners association enlists you to install an irrigation system along with some trees and plants in a common area. Halfway through the project you screw up and the homeowners association suspends the work. According to “quantum meruit” you would be entitled to be paid for services already performed. But…

    But check your state, because you could be SOL. In this state there is a double standard, where a construction contractor could claim quantum meruit and get paid for his services on a half built home, but a landscaper cannot. Therefore, in the above example, the irrigation contractor could be totally out of all money invested into the project. To make matters worse, the contractor could face additional charges in paying another contractor to finish the job, along with other charges as well.

    Guess the moral of this story is to cover your assets with a detailed contract.
  2. Wet_Boots

    Wet_Boots LawnSite Fanatic
    Posts: 47,713

    The detailed contract could just as well be written in invisible ink, if it contains provisions that state laws don't allow. You have to know the ground rules before you get into the game.
  3. Dirty Water

    Dirty Water LawnSite Fanatic
    Posts: 6,799

    I think the moral of the story is don't screw up?


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