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...