Section 8.5 Methods of Compensation for Extra Work
Library | Construction Law 2016 Supp |
D. (§8.5) Methods of Compensation for Extra Work
As noted in §8.4 above, extra work in the context of a construction contract is work not contemplated by the parties and not controlled by the contract. Typical requirements related to written change orders are discussed in §8.8 below. If the contractor fails to follow written change order requirements for extra work, however, the contractor might pursue a claim for quantum meruit.
Quantum meruit is a remedy for the enforcement of a quasi-contractual obligation and is generally based on the principle of unjust enrichment. Archway Kitchen & Bath, Inc. v. Lands Dev. Corp., 838 S.W.2d 13 (Mo. App. E.D. 1992). Under this theory, the plaintiff must plead and prove that it provided materials or services and that the defendant accepted those materials or services. See MAI 26.05 [1980 Revision]; Berra v. Papin Builders, Inc., 706 S.W.2d 70, 73 (Mo. App. E.D. 1986). Under Missouri law, a contractor may recover in quantum meruit for “extra work” or, alternatively, may recover under the contract. Steinberg v. Fleischer, 706 S.W.2d 901...
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- Section 8.1 Introduction
- Section 8.2 Change Order Procedures
- Section 8.3 Dispute Resolution Procedures for Changes in the Work
- Section 8.4 “Extra Work” vs. “Additional Work”
- Section 8.5 Methods of Compensation for Extra Work
- Section 8.6 Differing Site Conditions and Other Compensable Changes
- Section 8.7 Differing Site Conditions—Public Works Projects
- Section 8.8 Written Change Order Requirements
- Section 8.9 Oral Waiver of Written Change Order Requirements
- Section 8.10 Requirement of Written Contracts—Public Works Projects
- Section 8.11 Waiver of Written Change Order Requirement by Course of Conduct or Silence
- Section 8.12 Defining Time of Performance
- Section 8.13 Time of Essence
- Section 8.14 Types of Delay
- Section 8.15 Excusable Delay
- Section 8.16 Notice of Delay
- Section 8.17 Contractor Liability to Owner for Delay
- Section 8.18 Contractor Liability to Subcontractors and Other Contractors for Delay
- Section 8.19 Design Professional’s Liability for Delay
- Section 8.20 Compensable Elements of Delay
- Section 8.21 Owner Liability to Contractor for Delay
- Section 8.22 “No Damages for Delay” Clauses—Private Contracts
- Section 8.23 “No Damages for Delay” Clauses—Public Works Contracts
- Section 8.24 Consequential Damages
- Section 8.25 Termination Provisions
- Section 8.26 Rescission vs. Termination
- Section 8.27 Termination for Material Breach
- Section 8.28 Termination for Commercial Frustration or Impracticality
- Section 8.29 Termination for Nonpayment
- Section 8.30 Excuses for Abandonment of Contract
- Section 8.31 Measure of Damages Upon Termination
- Section 8.32 Substantial Completion and Performance
- Section 8.33 Stop Work Notices
- Section 8.34 Termination for Convenience
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