Uploaded on Feb 2, 2023
While Quantum Meruit may help you recover payment for your extra work, it may not be befitting for every instance. Depending on the specifics of the release and claim waiver, signing it may preclude you from pursuing a lawsuit based on Quantum Meruit. Thus, it is vital to closely examine the release and claim waiver's language before signing it! Read on to learn more.
Can Release And Claim Waiver Deter Your Quantum Meruit Claim?
Can Release And Claim Waiver
Deter Your Quantum Meruit Claim?
It is important to carefully review the language of a release and claim
waiver before signing it, as it may have significant consequences for
your legal rights. It is always a good idea to consult with a qualified
attorney if you have any questions or concerns about a release and
claim waiver or other legal documents.
Additionally, it is important to understand that the doctrine of
quantum meruit may not always be applicable in every situation. In
order for a claim based on quantum meruit to be successful, there
must have been an implied contract or agreement between the parties,
and the person seeking payment must have provided valuable
services or goods to the other party. The court will also consider
whether the services or goods provided were reasonable and
necessary and whether the person seeking payment was acting in
good faith.
In the context of construction projects, it is common for General
Contractors and Subcontractors to encounter situations where they
have performed extra work or provided additional goods or services
beyond what was originally agreed upon. In these cases, quantum
meruit may provide a way for these parties to recover payment for
their work, even if there was no formal contract in place. However, it
is important to be aware that a release and claim waiver may
potentially bar a person from bringing a case based on quantum
meruit, depending on the specific language of the waiver and the
circumstances of the case.
If you are a Contractor seeking payment for services that you have
provided, but you are concerned that you may not have the necessary
documentation to support your claim, it may be beneficial to seek
legal guidance. Yassi Law can help you assess the viability of your
claim and provide guidance on the steps you can take to seek
payment. If you would like to discuss your specific situation, please
do not hesitate to contact us for further assistance.
Source: https://www.yassilaw.com/post/does-a-release-claim-waiver-
bar-a-quantum-meruit-claim
Comments