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Contractor Can?t Win Quantum Meruit Payday Where Owner Had Change Order Power

Monday, October 04, 2010 03:44 am


Contract Breach -- Scope of Work

Seaward Marine Services, Inc. v. Grillot Construction, LLC, 2010 U.S. Dist. LEXIS 82479 (D. Miss. August 3, 2010) Unanticipated work is a costly reality of construction work, but tread carefully when seeking recovery outside your contract.

Contractor Grillot Construction, LLC (Grillot) filed a breach of contract claim against Beau Rivage Resorts, Inc. (BRR) for failing to pay for work done as part of a larger dredging project. The specific work involved debris removal from barge tops, and Grillot argued the parties? contract did not provide for such work.

Grillot first sought remedy under a quantum meruit remedy, which is used to ensure parties receive proper be [...]

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