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ArticleYour Contractual Questions AnsweredWhat Is A Quantum Meruit Claim? By The Entrusty Group Entrusty Group, a multidisplinary group of companies, of which, one of their specialisation is in project, commercial.

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A Latin term literally meaning "what one has earned" or "reasonable value of services".

Definition. Latin for "as much as he has deserved." An equitable remedy that provides restitution for unjust enrichment. Damages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship.

To succeed on a claim for quantum meruit, a plaintiff must prove three elements: That the plaintiff provided a benefit to the defendant; The defendant accepted or retained that benefit; and. The plaintiff reasonably expected payment from the defendant, but the defendant made no such payment.

damages for breach of contract; or (at the contractor's election) restitution (quantum meruit) in an amount that does not exceed a fair value as determined by the contract (that is, the rates or price under the contract acts as a ceiling on the claim).

“Damages in unjust enrichment are measured by the value of what was inequitably retained. In quantum meruit, by contrast, the damages are not measured by the benefit realized and retained by the defendant, but rather are based on the value of the services provided by the plaintiff.” Id.

Quantum meruit literally translates to “as much is earned”. At times when one party of the contract is prevented from finishing his performance of the contract by the other party, he can claim quantum meruit. So he must be paid a reasonable remuneration for the part of the contract he has already performed.

A claim for quantum meruit is only available for work done before termination, where the builder has not yet accrued a contractual right for payment. The contract price will act as the cap to the value of the quantum awarded, unless circumstances dictate that it would be unconscionable.

Examples of quantum meruit include legal work performed without a contract, emergency aid provided by a physician, or determining the total amount due when the task ended unexpectedly. Another quantum meruit claim occurs when an individual had made a promise to pay or offer a service in exchange for other services.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232