Typically a builder has a right to payment for work completed under a construction contract. However where a contractor cannot make a contractual claim they have the right to make a Quantum Meruit claim instead. Quantum meruit claims are grounded on the idea that where work has been completed for the benefit of one party, and that party subsequently does not pay for that work, then they have been unjustly enriched. This entitles the contractor to make a claim for the reasonable value of the construction work completed.
The Retail Leases Act (‘the Act’) is a specific piece of legislation that has been enacted to deal with the number of retail lease disputes that occur.
Typically there is an initial contract that the parties have entered into that forms the agreement between them and sets out the terms and conditions of the agreement. If the matter has the following features it will be able to be litigated more easily:
If you have been served with a Statement of Claim then Court proceedings have been initiated against you and you have 28 days to respond.