ABSTRACT

Courts are called upon relatively frequently to determine claims for a quantum meruit. Leaving on one side claims for a "quantum meruit" in contract, the right of a party to make a claim for a quantum meruit arises as part of the law of restitution. A claim for a quantum meruit can arise in a situation where there is already in existence a building contract but additional works are ordered. Valuation under a quantum meruit is sometimes appropriate where a contract is discharged through breach. It sometimes happens that parties enter into a contract believing the same to be effective when in truth it is either void or unenforceable. If the responding party took no part at all in the adjudication and the reference to adjudication were later to be held to have been invalid on jurisdictional grounds, it is difficult to see any basis upon which the responding party would be liable for the adjudicator's fees.