• CSC tag_orngBlu
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accomodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Agenda At-A-Glance
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Logo
  • Conference
    • [Column]
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accomodations
        • Travel Information
    • [Column]
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Agenda At-A-Glance
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
    • [Column]
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
    • [Column]
      • [Custom]
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .

December 9-11, 2025
Hyatt Regency Coconut Point, Bonita Springs, FL

Register Sponsor
Q

Latest News

July 4, 2017

A Classic Case of Quantum Meruit

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
July 4, 2017

A Classic Case of Quantum Meruit

Illinois Appellate Court rules in favor of defendant in a quantum meruit claim.

Brandon Carter, writing in the ABA’s The Dispute Resolver, discusses an Illinois Appellate Court case, Archon Construction Co. v. U.S. Shelter , 2017 IL App (1st) 153409, No 08 CH 15325, in which a subcontractor made a claim against the general contractor in quantum meruit for unpaid additional work performed after the project was complete.

Archon, an underground utility contractor, was hired by U.S. Shelter, a “developer/builder to install a sanitary sewer and storm water system” for a subdivision being built in Elgin, Ill.

The plans and specifications for the project required that the system meet local City and Illinois code requirements and that the sewer lines “be televised and tested prior to acceptance.”

The subcontract agreement gave Archon the option of using either ductile iron or PVC pipe for the sanitary sewer system. Archon’s proposal stated that the system “would be constructed exclusively with PVC pipe.”

The sewer system, constructed with PVC, “passed both an air and mandrel test whose results were accepted by local inspectors and the project engineer.

A year later the City, based upon a televised inspection of the system, “rejected the work and required that certain sections of the PVC pipe be replaced with ductile iron pipe.”

Archon did this and sent U.S. Shelter a bill for $247, 432.41 for the additional work. U.S. Shelter refused to pay this bill and Archon filed a suit based upon breach of contract and quantum meruit. The case made its way to the Illinois Appellate Court where the plaintiff agreed to “proceed solely on its quantum meruit claim.”

The Court examined the elements that must be proven in a quantum meruit claim. One of these was that “no contract existed to prescribe payment for the service.”

The court then determined that in this case the replacement of the sanitary sewer line was not “’extra work… outside of the scope of the original contract.’”

Therefore, the quantum meruit theory for recovery was not applicable.

This is a harsh, arguably unfair, decision. It is unclear why the plaintiff agreed to drop its breach of contract claim. In hindsight it was a mistake to do so.

Source—

Illinois Court rejects Subcontractor’s Quantum Meruit Claim for Extra Work due to the Existence of a Valid Contract, Brandon Carter, The Dispute Resolver, June 18, 2017.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

AGC Addresses Construction Labor Shortages in Statement to Congress

AGC backs legislation to establish a visa program to provide a lawful pathway for people to enter the construction industry.

Latest News Latest NewsNews

Using AI to Accelerate Permitting: Good News?

The California city of Lancaster will be using AI to optimize the permitting process. Is it a welcome development?

Latest News Latest NewsNews

AGC Addresses Construction Labor Shortages in Statement to Congress

AGC backs legislation to establish a visa program to provide a lawful pathway for people to enter the construction industry.

Latest News Latest NewsNews

Session Preview – Best Practices for Joint Ventures

CSC is only two months away and joint ventures are on the docket when the conference begins on Dec. 9 in Florida.

Latest News Latest NewsNews

AGC: “Extreme” Price Hikes for Steel and Aluminum

“The huge increases in steel and aluminum tariffs appears to have enabled domestic producers to push up their selling prices,” said Ken Simonson, the association’s chief economist.

Latest News Latest NewsNews

NYC Attorney Confirms: Defects on the Rise

Carol A. Sigmond, partner at Greenspoon Marder LLP, is seeing a trend; construction defects are on the rise.

Latest News Latest NewsNews

Pricing Risk in Construction – CSC Session Preview

How do you factor in risk from tariffs, immigration crackdowns, and political unrest? CSC will tackle it all.

Latest News Latest NewsNews

Tariffs Drive Up Prices On Key Construction Materials

Steep tariff increases on aluminum and steel, along with a recent tariff on raw copper, drove the producer price index.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
Emerald Logo
© 2025 Emerald X, LLC. All Rights Reserved
ABOUTCAREERSAUTHORIZED SERVICE PROVIDERSEVENT STANDARDS OF CONDUCTYour Privacy ChoicesTERMS OF USEPRIVACY POLICY