Are you a contractor that has performed services but feel you haven’t received a fair payment? Have you received services that you haven’t signed a contract for, but are now facing a dispute as a result? You may have a case for quantum meruit. Part 1 of our two-part series is an overview of quantum meruit. Visit Part 2 to learn about quantum meruit claims and recovery.
What is Quantum Meruit?
According to the Legal Dictionary, quantum meruit is Latin for “as much as he deserves” or “what the job is worth.” When construction disputes arise, quantum meruit is used to determine the value of services to award a party the appropriate monetary amount for the work performed.
How it Relates to Unjust Enrichment
Quantum meruit is similar to unjust enrichment, but many often confuse the two. Both unjust enrichment and quantum meruit seek restitution for grieved parties. On one hand, unjust enrichment seeks to award a plaintiff for uncompensated services that a recipient has willingly received and benefitted from. On the other hand, quantum meruit seeks to award a grieved party fair value for services they’ve provided to another party.
Is it a Contractual Relationship?
In essence, a contract need not be in place for an agreement to exist. All you need is for two or more parties to have a contract-like relationship. In other words, one party does in good faith and the other party receives. The law seeks fairness for all parties even when there’s no written or verbal contract in place. It is unjust for one party to receive a service at the expense of another. If you offer or receive a service where payment is normally expected, you are at risk for a legal dispute. As an Orlando construction lawyer, we understand the intricacies of contract law. We are here to assist the construction industry with quantum meruit disputes.
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.