Kentucky General Form of Complaint for Quantum Meruit - For Services Rendered

State:
Multi-State
Control #:
US-03280BG
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Word; 
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Description

The phrase quantum meruit means as much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his Complaint that the defendant promised to pay him as much as he reasonably deserved, and then state that that defendant has failed to pay such amount.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

If there is no specific amount set for work completed under an agreement, a quantum meruit claim can occur. It can also arise when there's a contract if any of the following occur: At the request of the owner, work is completed. The contract cannot be enforced or is void.

Under Kentucky law, to succeed on a claim of unjust enrichment, the plaintiff must show the following elements: (1) a benefit conferred upon the defendant at the plaintiff's expense; (2) a resulting appreciation of the benefit by the defendant, and (3) an inequitable retention of the benefit without payment for its ...

A Quantum Meruit claim arises in the following cases: When an agreement is found to be void or it becomes void. If a party does some work or renders services without the intention of doing so 'free of charge'. If there is a contract to render services (express or implied) but there is no mention of remuneration.

However, a claim for quantum meruit may arise where the parties: Have not agreed a contract, or there is a so-called quasi-contract. For example, the parties may have agreed some of the contractual terms, but may have failed to reach an agreement on an essential term, such as price.

Quantum Meruit is the more straightforward of the two causes of action in which the party providing the goods or service to the other asks the court to fill in an important blank that the parties did not sufficiently address ? the price term. Unjust enrichment is more complicated.

However, a claim for quantum meruit may arise where the parties: Have not agreed a contract, or there is a so-called quasi-contract. For example, the parties may have agreed some of the contractual terms, but may have failed to reach an agreement on an essential term, such as price.

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.

A Quantum Meruit claim arises in the following cases: When an agreement is found to be void or it becomes void. If a party does some work or renders services without the intention of doing so 'free of charge'. If there is a contract to render services (express or implied) but there is no mention of remuneration.

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Kentucky General Form of Complaint for Quantum Meruit - For Services Rendered