Certified Fire Protection, Inc. v. Precision Construction, Inc.
128 Nev. 371 | Nevada Supreme Court | 2012
What This Case Means for Subcontractors
Certified Fire Protection bid on a fire sprinkler system for a warehouse project but refused to sign the subcontract because the terms differed from their bid. Work was never completed. Certified later sued for payment under quantum meruit (payment for work done even without a contract). The Nevada Supreme Court ruled against Certified, holding that a subcontractor cannot recover payment when no actual work was performed and no contract was signed, especially when design drawings are incomplete or installer-specific.
Key Takeaways
- •Never start work without a signed contract in place. If you do work without a signed agreement, you may not be able to recover payment even if the general contractor benefits.
- •Reject subcontract terms immediately if they differ from your bid. Delaying or refusing to sign while doing work creates legal risk and weakens your payment claims.
- •Incomplete or installer-specific design work has no value to a general contractor if you don't finish the job. Make sure your contract clearly defines what constitutes 'completed work' eligible for payment.
Design drawings are installer-specific and not useful to replacement subcontractor.
Frequently Asked Question
Can I get paid for work I did without a signed subcontract?
Not easily. This case shows that courts will not award payment under quantum meruit (unjust enrichment) if no contract exists and the work provided no usable benefit. Always sign a subcontract before starting work. If you refuse to sign and begin work anyway, you lose your legal right to payment.
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