An Overview of Quantum Meruit Part 2
In Part 1 of our two-part series, we gave you a basic understanding of quantum meruit. In this second part, we’ll discuss quantum meruit claims and the recovery process. As always, construction attorneys in Orlando recommend contacting a legal expert to help you seek justice for quantum meruit claims.
Filing a Claim
When there’s no contract in place, there exists an implied contract. Under Florida law, implied contracts are enforceable in a court of law. There may be times when remedy can be sought in a court of law when a contract is in place. Circumstances will be examined to determine if there’s a breach of contract and if a claim for quantum meruit can be made. Some examples of situations that may result in a quantum meruit claim are:
- Prematurely terminating a contract for which causes some loss to a particular party
- Performing work outside of a contract. For example, an owner requests a contractor to perform work that isn’t within the scope of work of the original contract
- When work is left incomplete. By law, the contractor is still entitled to payment for work that was completed.
Claims are examined case by case. Appropriate recovery is awarded based on the laws that govern a jurisdiction. In general, it has to be proven that services were offered to a recipient, the services were accepted by the recipient, and the recipient had the opportunity to decline the services but chose not to. Courts will consider the following and more when assessing what reasonable sum should be awarded to a plaintiff:
- Commercial rates for the type of work
- Site conditions
- Quality of work
- The conduct of the involved parties
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.