After over a decade of uncertainty, the High Court yesterday reined in the use of the quantum meruit remedy.

A majority of the Court found that builders can no longer seek compensation on a quantum meruit basis in relation to works where the builder has accrued a right to payment under the contract. While builders can commence a claim on a quantum meruit basis for any works performed where the builder has not accrued a right to payment under the contract, the amount claimed cannot exceed the contract price for those works.

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