Contracts & ExecutionQuestion 814 of 1605

A contractor performs extra work at the owner's oral request but has no written change order. When the owner refuses to pay, the contractor's recovery may still be possible under which theory?

a.Specific performance
b.Punitive damages
c.Quantum meruit (reasonable value of services actually rendered and accepted)
d.Liquidated damages

Explanation

Quantum meruit allows recovery of the reasonable value of services or materials that were actually provided and accepted, even without an enforceable express agreement on price, to prevent unjust enrichment. While a signed change order is far safer, an owner who requested and accepted the benefit of extra work may owe its reasonable value. Punitive damages, liquidated damages, and specific performance are unrelated to this measure of restitution-based recovery.

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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