What is the test for quantum meruit in a construction contract?
Ontario, Canada
The following excerpt is from Summers v. Harrower, 2005 CanLII 50261 (ON SC):
A court is entitled to considerable leeway in assessing the errors and mistakes made by a contractor. A contractor will not be required to show perfection in carrying out its obligations to be entitled to payment. However, where a contractor’s mistakes amount to serious or substantial non-performance, or known and concealed departures from the requirements of plans or specifications, a court may reject the claim for quantum meruit. Komorowski v. Van Weel, supra, at 463
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