ERDC Group Ltd v Brunel University
Citation: EWHC 687 (TCC),  CILL 2348 and BLM Vol.23 No.6
Nature of case:
Formal execution of the contract documents being deferred until after planning permission was obtained, work proceeded under a series of letters of appointment and then continued after their expiry. The claimant’s contractor claimed entitlement on the basis of quantum meruit for work done. The defendant denied that this should be assessed on a cost-plus basis and argued that defective work should be taken into account. The court rejected the defendant’s right to set-off sums owing, but accepted that the quantum meruit should reflect any sub-standard work and an allowance for delay. The basis for the quantum meruit would be primarily reference to the rates and prices in the earlier work.