Category Archives: Extra Work

Illinois Appellate Court Attempts to Draw the Line Between Contract and Quasi-Contract; Holds That Quantum Meruit Is Only Available Where Disputed Work is Outside the “General Subject Matter” of the Contract

Archon Construction Co. v. U.S. Shelter, LLC, 2017 Ill. App. LEXIS 197 (March 31, 2017) U.S. Shelter, LLC, a developer, undertook to develop a new residential subdivision in Elgin, Illinois. As part of that project, U.S. Shelter retained Archon Construction Company, Inc. … Continue reading

Posted in Extra Work, Quantum Meruit | Tagged , ,

Texas District Court Rejects Rail Contractor’s Delay and Prompt Payment Claims and Awards Owner More Than $3 Million

Balfour Beatty Rail, Inc. v. The Kansas City Southern Railway Company, 2016 U.S. Dist. LEXIS 39086 (N.D. Tex., March 25, 2016) The contractor contracted with owner to install 65 miles of railroad track, for a price of $12,206,666.  The owner … Continue reading

Posted in Breach of Contract, Delay, Differing Site Conditions, Extra Work, Payment dispute, Unjust Enrichment

Pennsylvania Appeals Court Finds Public Owner Waived Written Change Order Requirement By Conduct

East Coast Paving & Sealcoating, Inc. v. N. Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Mar. 6, 2015). North Allegheny School District (“Owner”) hired East Coast Paving & Sealcoating, Inc. (“Contractor”) to pave several large areas.  Shortly after Contractor … Continue reading

Posted in Change Order, Extra Work, Waiver