Case Reports

Claim upon a quantum meruit - work pending contract - contract never signed

In Bradley Paul & Renita Kay Carmichael t/a Consol Management v Gregman Property Corporation Pty Ltd & Chalmers [2009] CCT B213-04 (16 February 2009), the Queensland Commercial and Consumer Tribunal  (CCT) dealt with a claim upon a quantum meruit.  The applicant entered into an arrangement with the respondents, pending the entry into a formal contract, for the performance of renovation works.  The contract was never signed (section 30 of the Domestic Building Contracts Act 2000 required the contract to be in writing and signed). The CCT found that the applicant’s claim cannot be based in contract, nor can it be affected by contractual matters, and can only be based on a quantum meruit which itself, has regard, primarily, to the value of the works, in one sense, the cost of the works to the respondents in certain circumstances.