school may be entitled to damages if it can prove the balance of the works will at market rates cost more than the balance if performed by the earlier contractor; and in some jurisdictions inconvenience/loss of amenity damages especially where time is stated to be of the essence). IV. If a contractor finds part of their work replaced by others through no fault of their own, they seek damages for the amount(s) that the defendant benefited. Third parties, absent provisions preventing, such as new contractors finding the work more complex as a result of defects may, just as with all equitable actions, like a quantum meruit-basis restitution, promptly to avoid the doctrine of laches (equity) (having let matters lie) bring action against that contractor. V. A promoter enters into a long-term service contract with a theatre to help book and organise shows for no one else for a few months. They take part-paid bookings for shows over these months but pass on none of that as agreed as they have grounds to allege the theatre is unsafe and the theatre need to make it safe. The theatre performs no repairs. Instead, the theatre terminates the contract before the benefit of the shows. After this the theatre runs most of the shows and gains benefit but does not pay the promoter. Some shows the theatre cancels without cause. A court would decide, following similar precedent, that the promoter is entitled to an assumpsit on a quantum meruit if the promoter has acted in a proportionate way as trustee (depository), delaying forwarding of the principal of the ticket sale part-payments, for sufficiently well-founded premises defects which could have affected its reputation. Notable cases UK cases Sumpter v Hedges [1898] 1 QB 673 Way v Latilla [1937] 3 All ER 759: Way was entitled to remuneration on a quantum meruit basis; the value of the award was to be fixed by reference to the approach to remuneration adopted by the parties. ERDC Group Ltd. v. Brunel University, [2006] EWHC 687 (TCC) (29 March 2006): a construction company and its design sub-contractor had commenced work under a series of letters of intent issued in advance of a proposed appointment under JCT Terms of Contract. When the contract was offered for signature the construction company declined to sign unless work already done was paid for on a quantum meruit basis. The High Court ruled that