Section 4.18 Action by the Contractor
| Library | Contracts 2016 Supp |
a. (§4.18) Action by the Contractor
When the owner breaches a construction contract, the contractor has the option of suing on the contract or suing in quantum meruit. Kansas City Structural Steel Co. v. Athletic Bldg. Ass’n, 249 S.W. 922 (Mo. banc 1923). If the contractor elects to proceed on the basis of quantum meruit, the contractor cannot recover an amount greater than the contract price. Lasar Mfg. Co. v. Pelligreen Constr. & Inv. Co., 162 S.W. 691 (Mo. App. E.D. 1913). The contractor’s measure of...
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