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  • Writer's pictureReza Yassi

Does a Release & Claim Waiver Bar a Quantum Meruit Claim

Updated: Feb 2, 2023

The answer is, it depends . . .

Before signing a release and claim waiver, it is crucial to thoroughly read the document's terms because doing so could significantly affect your legal rights. If you have any questions or concerns regarding a release and claim waiver or any other legal agreement, it is always a good idea to speak with an experienced attorney.

Additionally, it is important to understand that the doctrine of quantum meruit may not always be applicable in every situation. In order for a claim based on quantum meruit to be successful, there must have been an implied contract or agreement between the parties, and the person seeking payment must have provided valuable services or goods to the other party. The court will also consider whether the services or goods provided were reasonable and necessary and whether the person seeking payment was acting in good faith.

In the context of construction projects, it is common for General Contractors and Subcontractors to encounter situations where they have performed extra work or provided additional goods or services beyond what was originally agreed upon. In these cases, quantum meruit may provide a way for these parties to recover payment for their work, even if there was no formal contract in place. However, it is important to be aware that a release and claim waiver may potentially bar a person from bringing a case based on quantum meruit, depending on the specific language of the waiver and the circumstances of the case.

If you are a Contractor seeking payment for services that you have provided, but you are concerned that you may not have the necessary documentation to support your claim, it may be beneficial to seek legal guidance. Yassi Law can help you assess the viability of your claim and provide guidance on the steps you can take to seek payment. If you would like to discuss your specific situation, please do not hesitate to contact us for further assistance.


Disclaimer: Although I am a lawyer by profession, I am not YOUR lawyer. This article is for informational and educational purposes only, does not constitute legal advice, and does not establish any kind of attorney-client relationship with me. I am not liable or responsible for any damages resulting from or related to your use of this information.


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