When homeowners and builders enter into construction contracts, they set out the terms and conditions for the work to be done. During the project, changes might occur, and these are known as variations. Variations can be due to a range of factors such as design changes, unforeseen site conditions, or the homeowner’s request for additional work. In most cases, variations must be documented and signed by the homeowner before the builder can proceed with the additional work. If the variation complies with the contract then these are known as “Contractual Variations”. But what happens when variations are not documented in accordance with contractual provisions, or when the owner does not sign off on the changes?

This is where the legal principle of quantum meruit comes into play. These are known as “Non-Contractual Variations”. Quantum meruit allows a builder to claim reasonable remuneration for work done or materials supplied in situations where there is no valid and enforceable agreement governing their right to compensation. In other words, a builder can claim for the value of the work they have completed, even if the owner has not approved the variations in writing. In this article, we will explore the legal principle of quantum meruit and how it applies to claims for variations not signed and accepted by owners. We will discuss the key requirements for claiming quantum meruit, examine relevant case law, and provide practical advice for homeowners who are in NCAT proceedings and being sued for quantum meruit.

Quantum meruit is a legal principle that is frequently encountered in the construction industry. It is a Latin term that means “as much as is deserved.” In the context of construction contracts, quantum meruit refers to the right of a builder or contractor to be paid for work done or materials supplied that is outside the scope of the original contract.

The principle of quantum meruit allows builders and contractors to recover the value of the work they have done, even if there was no express agreement for that work to be done. This can be particularly relevant in construction projects where changes or variations are made to the original plans.

However, the right to recover under quantum meruit is not automatic, and there are certain requirements that must be met in order for a builder or contractor to successfully claim quantum meruit. This article will explore the legal principle of quantum meruit in the context of construction contracts, including the circumstances in which it may apply, and the requirements that must be met to successfully claim quantum meruit.

This article aims to provide homeowners with an overview of the legal concept of waiver in the context of home construction contracts, helping them protect their rights and interests. Waiver is a voluntary relinquishment or surrender of a known right or privilege, often related to a contractual obligation.

Understanding waiver is essential for homeowners entering into home construction contracts to avoid unintended consequences.

Builders occasionally issue invoices that do not comply with New South Wales (NSW) building contracts, potentially leading to disputes and confusion for homeowners. This article provides guidance for homeowners in such situations, outlining key legal principles and offering practical advice.

Quantum meruit is a legal principle that may apply to home construction contracts, allowing builders to claim reasonable compensation for work performed. This article aims to educate homeowners about their rights when faced with a quantum meruit claim and provide guidance on how to dispute such claims.

Variations in home construction contracts refer to changes in the original scope of work, and properly documenting them is crucial for avoiding disputes and ensuring a smooth construction process. This article will discuss the importance of documenting variations in writing and getting them signed off by both parties, offering examples of disputes that can arise when variations are not documented properly, and providing tips on how homeowners can avoid such issues.

In this article, we’ll discuss the importance of understanding the concept of waiver in construction contracts, drawing on two significant case decisions: DCR Constructions (NSW) Pty Ltd t/as True Built v Matthews; Matthews v DCR Constructions (NSW) Pty Ltd t/as True Built [2019] NSWCATCD 79 and Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1163. 

We’ll highlight key takeaways for homeowners experiencing similar issues and provide guidance on how to protect your rights.