Pennsylvania’s Home Improvement Consumer Protection Act incorrectly limits contractors’ ability to recover damages for work they completed under a theory of quantum meruit, the state Superior Court has ruled.
The unanimous three-judge panel concluded that while Section 517.7(g) of the HICPA sets forth a contractor’s right to recover under a theory of quantum meruit a device to prevent unjust enrichment despite the absence of a valid contract it then "somewhat puzzlingly" requires compliance with Section 517.7(a), a list of requirements in the law for a valid and enforceable home improvement contract.
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