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Contract Provisions not stated

3 replies [Last post]
Thu, 2002-11-21 09:25
Se de Leon
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Joined: 15 May 2001
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Hi guys,

I want to post this question regarding matters arising from the project which is not stated in the contract.

The situation is like this.

What if you were given NTP to mobilize all your resources in a Design/Build Contract. We were supposed to start the design package in advance but as we progress with our design development we can already start with the project. But the problem is, the earthworks contractor can not make a full turnover of the project because of rains. What the client gave to us as entitlement is they gave us only EOT without cost.

Are we entitled to an extended prelims even though the contract is silent on the issue? What can you say about the principle of quantum maruit? I hope I spelled it right.

Thanks.

Se

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Sun, 2002-12-08 00:10
#1
Tomas Rivera
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Sigfredo:

I found the following definition in the site http://www.lectlaw.com/def.htm
"QUANTUM MERUIT - As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from, the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth sucli a sum of money, which the defendant has omitted to pay. This is called an assumpsit on a quantum meruit.

When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit."

As I was told by my legal advisor, the above is what is called a general legal principle. These general legal principles originated since the Roman Empire and are still used by laws in many countries as one of the legal resources used in lawsuits. You should check if your location uses these general legal principles in their legal system.

By the way. The above definition has other legal terms not used in the regular language. They are not mistakes. You can look them up in the same site.

Tomas Rivera
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Sat, 2002-11-30 03:13
#2
Forum Guest
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Hi Tomas,

Ive been reading your posts in this website and Im very glad youre the one reading mine on the above subject.

For the info of everybody, EOT in the Philippines means extension of time, I dont know if there are other acronyms being used with the same meaning. If there are others, please educate me.

On the quantum maruit, youre right it is a legal term which I have encountered for the second time now. Actually I really dont know if I spelled it right. In my understanding it is something which must be paid as long as it is obvious or there is a real cost that was expended though the contract is silent on a certeain situation.

An example of this is our situation now on the extended prelims. Our contract only entitles us for an estension of time but without cost.

Thanks.

Se
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Thu, 2002-11-21 15:26
#3
Tomas Rivera
User offline. Last seen 5 years 3 weeks ago. Offline
Joined: 2 May 2001
Posts: 139
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Sigfredo and the Development Team:

First of all, this site has members from all over the world. Therefore we come from diferent cultures and we are used to diferent professional environments. But at the same time, many of us have very similar procedures, terms and ways of doing things, and the construction problems or situations are also very much alike. Also, to some of us, English is not our regular bussiness language, although most of the technology, reading and reference material is indeed in English. Even between countries that use English as their native language, like USA and the United Kingdom, there are terms and usages that are diferent.
Having said that, I would like to suggest for everyone one of us who posts a message, to give the meaning of some of terms or acronyms we use and think might not be very easy to identify by everybody else. We might even try to have a glossary in this site. For example, I know that NTP means Notice to Proceed. I do not recall at the moment what EOT means. I did not find in the American English Websters dictionary the term "quantum maurit". Maybe it is a legal term.
I appreciate very much your help.

Tomas Rivera
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