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

State:
Multi-State
Control #:
US-03280BG
Format:
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

Quantum meruit damages are awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship. This amount may also be described as the reasonable value of services rendered by one party to another.

Under general contract of law principals, courts may award quantum meruit damages?a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.

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.

Several elements are required to prove quantum meruit. Among them are that a person must show that they provided services to another person and that there was no prior agreement for the payment of those services.

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.

To prove a claim for quantum meruit, you have to show three things: You conferred a measurable benefit on the defendants in the claim, You reasonably expected compensation for conferring it, and. The defendants accepted that benefit in the knowledge that you reasonably expected to be paid for it.

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.

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