Fidic fourth edition 2006 plus#

In between there is a borderline, the position of which may be debateable.”Ĭlearly, this is an area of the law where judges in English courts have some discretion and results are by no means predictable. “A quantum meruit claim may …arise… across a spectrum which ranges at one end from an express contract to do work at an unquantified price, which expressly or by implication must be a reasonable one, to work (at the other extreme) done by an uninvited intruder which nevertheless confers on the recipient a benefit which, for some reason, such as estoppel or acquiescence, it is unjust for him to retain without making some restitution to the provider … At the first end of the spectrum … the measure should clearly be the reasonable remuneration of the claimant at the other, it should be the value to the defendant. As HHJ Hicks held in Serck Controls v Drake & Scull Engineering Limited (2000) 73 ConLR 100: In truth, there is a great deal of case law on quantum meruit with a range of different approaches having been taken.

Fidic fourth edition 2006 plus#

It is often thought that quantum meruit valuations are highly advantageous to contractors and that invariably they will open the door to “cost plus” entitlement, that is the net cost of labour and materials used plus a sum for overheads and profit. Issues will inevitably arise, however, as to the appropriate basis for valuation. The law will not deny the contractor an entitlement to payment, and the basic principle in English law is that the employer will have a duty to pay the fair value of or, reasonable remuneration for, the work performed. In Latin, the phrase means “what the job is worth” and in essence, it allows a person to recover the value of work done or services performed in circumstances where he has conferred a benefit on someone else which justice requires should be repaid.Ī typical quantum meruit claim might arise where work starts whilst the parties are negotiating contract terms but ultimately the parties have not agreed on the applicable rate that is to be paid to the contractor or fail to agree any contract at all.Īlternatively, where the work that has been carried out by a contractor with the employer’s consent or upon his instruction is so different from the scope of work envisaged in the original contract that a new contract has effectively been formed, the contractor may be entitled to claim a quantum meruit for the additional work done. Quantum meruit entitlements arise most commonly in construction cases where there is no contract but work is undertaken in circumstances where it is clearly not being done for free. ADAM WEBSTER* compares the provision with the UAE Civil Code. The General Conditions are linked with the Particular Conditions by the corresponding numbering of the clauses, so that General Conditions and Particular Conditions together comprise the conditions governing the rights and obligations of the parties.The basic principle under English law for claims under quantum meruit is that the employer will have a duty to pay the fair value of or, reasonable remuneration for, the work performed.

They are intended for incorporation as printed in the documents comprising the Agreement. The clauses of general application have been grouped together in this document and are referred to as General Conditions. In their preparation it was recognised that while there are numerous clauses which will be generally applicable there are some provisions which must necessarily vary to take account of the circumstances and locality in which the Services are to be performed. The version in English is considered by FIDIC as the official and authentic text for the purpose of translation.