Legal Principles of Quantum Meruit

Quantum meruit, Latin for “as much as is deserved,” allows a party to recover reasonable compensation for services rendered in the absence of a binding contract or when a contract is unenforceable. In home construction contracts, quantum meruit claims may arise due to various factors. The elements required to establish a quantum meruit claim include:

  1. The provision of valuable services or materials
  2. Acceptance and benefit of the services or materials by the recipient
  3. The absence of a valid contractual agreement governing payment

Precedent cases, such as Pavey & Matthews Pty Ltd v Paul and Goodacre v Trinder Alpine Constructions Pty Ltd, demonstrate the application of quantum meruit in home construction disputes.

When Can a Builder Claim Quantum Meruit?

A builder may claim quantum meruit in situations like:

  1. Termination of a contract before completion
  2. Performance of additional work not covered by the contract
  3. Invalidity or unenforceability of the original contract

To minimise the risk of quantum meruit claims, homeowners should ensure proper documentation and transparency in construction contracts.

Disputing a Quantum Meruit Claim by a Builder

Homeowners can dispute a builder’s quantum meruit claim by:

  1. Challenging the builder’s assertion that a valid contract does not exist
  2. Disputing the reasonableness of the claimed compensation
  3. Presenting evidence that the builder’s work was unsatisfactory or incomplete

Legal remedies available for homeowners disputing a quantum meruit claim may include negotiating a settlement, pursuing alternative dispute resolution methods, or taking the matter to court. Seeking legal advice and representation is crucial when disputing a quantum meruit claim.

Resolve Your Building Dispute Now

Expert building dispute resolution is just a step away. Connect with our expert building dispute lawyer and start your journey to resolution.

Submit Your Building Dispute Details Here

Step 1: Simply fill out this form, upload your contract and any other dispute-related details.

Step 2: We’ll review it and return to you with a free quote.

Get an Expert Building Dispute Lawyer and Resolve Your Home Building Dispute Now. 


Understanding quantum meruit and its application in home construction contracts is essential for protecting homeowners’ legal rights. By being aware of when a builder can claim quantum meruit and how to dispute such claims, homeowners can minimise potential disputes and protect their interests. If faced with a quantum meruit claim or other construction contract disputes, homeowners should seek legal advice and explore available resources for assistance.