New Hampshire General Form of Complaint for Quantum Meruit - For Services Rendered

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Multi-State
Control #:
US-03280BG
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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.

"Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. [...] Unjust Enrichment is distinguished from a gift, as a gift is given without the reasonable expectation of receiving something in return.

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.

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.

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.

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.

In order to have a successful quantum meruit claim, the plaintiff must prove that the defendant agreed to the services provided by the plaintiff and expected to pay the plaintiff. The plaintiff also must prove that the defendant was unjustly enriched, which means that the party received goods or services at no cost.

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New Hampshire General Form of Complaint for Quantum Meruit - For Services Rendered