Building Without a Safety Net: Quantum Meruit Cannot Rescue a Defaulting Builder
Property Law,Litigation: 18 August 2026
Author: Caroline Skeoch, Kaylee Smith
When a building project unravels, it is often assumed that a builder can simply fall back on a quantum meruit claim and recover the value of the work performed. (The Latin term quantum meruit means "as much as is deserved" or "what the work is worth). For many years, this was viewed as a practical safety net where contractual rights had become uncertain or unavailable. Recent Victorian authorities, however, demonstrate that this assumption can be dangerous.