Header graphic for print
Construction Law Today

Category Archives: Contract Formation

Subscribe to Contract Formation RSS Feed

No Quantum Meruit for Work Already in Construction Contract

Posted in Claims, Contract Formation

Owner successfully denies contractor’s “extra” and quantum meruit claims for additional payment on sewer system work repair and retrofit work needed to satisfy local government requirements. The decision: Archon Construction Co. v. U.S. Shelter (PDF). Backstory – Archon Construction Co. v. U.S. Shelter Owner develops a subdivision for new homes. The subdivision needs a sewer… Continue Reading

Contracts Without Signatures and No Secret Agents: Trapani Construction v. The Elliott Group

Posted in Agents & Agency, Claims, Contract Formation

Prime contractor and owner exchange drafts of a proposed contract. They never sign. But they proceed with work and payment as if they did. Result: that proposed contract is their contract and binds them both. Owner doesn’t want to be liable under that contract, claims they were acting merely as agent for someone else, though… Continue Reading