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

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Multi-State
Control #:
US-03280BG
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Word; 
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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 can be relevant for example: (i) where the parties have not agreed a valid contract covering the work to be performed, or (ii) where the contract does not contain an agreed sum for payment, or (iii) where the parties have agreed to pay a reasonable sum for the work done, or (iv) where the parties have ...

OTHER CAUSE OF ACTION. Quantum meruit is an equitable remedy "based upon the promise implied by law to pay for services rendered and knowingly accepted."2 Quantum meruit is designed to prevent a party from accepting the benefits of another's work without providing anything in exchange for such benefits.

Quantum meruit has four elements: (1) the provision of valuable services or materials; (2) the services or materials were provided to the defendant; (3) the defendant accepted the goods or services; and (4) the defendant had reasonable notice that the plaintiff would perform the services or furnish the materials and ...

The elements of a quantum meruit claim are: (1) valuable services or materials provided by plaintiff to the defendant, (2) who accepted the services or materials, (3) under such circumstances as would reasonably notify defendant that the plaintiff expect to be paid.

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.

196, 203, 677 S.E.2d 288 (2009). While Unjust Enrichment is an equitable construct of the law, Quantum Meruit is based on the parties' express intentional determination to contract with one another but disagreement over the price to be paid.

The theory of quantum meruit is based on the idea that it is fair to compensate someone for the value of their services, even if there was no prior legal agreement in place. It is often used in cases where one party has performed a service for another, and there is no written contract between the two parties.

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.

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