Deering v. Erpelding Construction Co.

Plaintiff, a plumbing subcontractor, brought this action against defendant contractor in quantum meruit for work done under a partially performed plumbing subcontract. The parties agreed that the work actually done by plaintiff amounted to between 30 percent and 35 percent of the total contract. Plaintiff’s claim was for 35 percent of the total contract price, or $9,292.50, and defendant counterclaimed for a setoff. The trial court awarded plaintiff a judgment computed by multiplying the total contract price by the percentage of the work which it found was actually done by the plaintiff, less…