“As much as is deserved” or quantum meruit is fairness principle and a legal doctrine that allows recovery of the reasonable value of goods or services that someone provided to another person, even if there was no written or oral contract. Quantum meruit is based on the principle that one person should not be allowed to benefit from the work of another person without paying for it.
To recover damages under quantum meruit, the person who provided the goods or services must prove the following:
- They provided the goods or services to the other person.
- The other person received the goods or services.
- The other person had a reasonable expectation of paying for the goods or services.
- The value of the goods or services.
Quantum meruit is a powerful tool that can be used to recover damages for goods or services that were provided without a contract. If you have provided goods or services to another person and they have not paid you, you should contact an attorney to discuss your options under quantum meruit.
Here are some additional tips for using quantum meruit to recover damages:
- Keep good records of the goods or services that you provided.
- Get the other person to acknowledge in writing that they received the goods or services and that they have a reasonable expectation of paying for them.
- If possible, get the other person to agree to a payment plan.
By following these tips, you can increase your chances of recovering damages under quantum meruit.
For example, a complaint stated a cause of action based on theories of oral contract and quantum meruit by alleging that the defendants owed the plaintiff money for work performed converting a bus into a mobile video entertainment vehicle. Miller v. Nelms, 966 So. 2d 437, 441 (Fla. 2d DCA 2007).
What If An Unenforceable Contract Was Partially Performed?
An unenforceable contract is a contract that is not legally binding. This means that neither party to the contract has any legal rights or obligations under the contract. However, if a contract is partially performed, the parties may be able to recover damages for the value of the part that was performed.
To recover damages for a partially performed unenforceable contract, the party who performed the contract must prove the following:
- The contract was unenforceable.
- The party performed the contract in good faith.
- The other party benefited from the performance of the contract.
- The value of the performance.
If the party who performed the contract can prove these things, they may be able to recover damages for the value of the performance. If you break a contract and the other party must hire someone else to finish the job, you can only be paid for the work you did up to the original contract price. However, if you start working on a contract but then stop, you won’t get paid for the work you did, even if the other person is still willing to finish the contract.
Here are some examples of situations where a party may be able to recover damages for a partially performed unenforceable contract:
- A contract is unenforceable because it was not in writing.
- A contract is unenforceable because it was for an illegal purpose.
- A contract is unenforceable because one party was not of legal age.
- A contract is unenforceable because one party was mentally incapacitated.
If you have performed a contract that is unenforceable, you should contact an experienced contract attorney to discuss your options. A contract attorney can help you to determine if you are entitled to recover damages for the value of your performance.
Here are some additional tips for recovering damages for a partially performed unenforceable contract:
- Keep good records of the performance of the contract.
- Get the other party to acknowledge in writing that they benefited from the performance of the contract.
- If possible, get the other party to agree to a payment plan.
By following these tips, you can increase your chances of recovering damages for a partially performed unenforceable contract.
What if Opposing Party Prevents Your Performance
If one party to a contract demands the other party not to continue working on the contract, the first party has breached the contract. The second party can then sue the first party for the value of the work they have already done. For example: when a prime contractor fails to make progress payment to subcontractor, subcontractor may sue on quantum meruit basis regardless of substantial completion. In another example: contractor’s failure to complete thermoplastic striping under off-site contract for mixed-use commercial center did not bar unjust enrichment claim against developer under Florida law, where work was substantially completed, and $20,000 cost of remaining work would be offset against amount due under contractor’s unjust enrichment claim.
The law does not require you to do something that is pointless or useless. Therefore, you are not required to perform your obligations under a contract if the other party has already refused to accept your performance, or if they have unequivocally repudiated the contract. However, if you do not have a legitimate belief that the other party cannot fulfill their obligations, you are still required to try to perform your own obligations.
Why You Need an Experienced Contract Lawyer
When you enter into a contract, you are entering into a legally binding agreement. This means that you are legally obligated to fulfill your obligations under the contract. If you do not fulfill your obligations, the other party may be able to sue you for breach of contract.
An experienced contract lawyer can help you to avoid any potential legal problems down the road. They can help you to:
- Understand the legal implications of your contract.
- Negotiate favorable terms for you.
- Draft a contract that is legally binding and enforceable.
- Review a contract before you sign it to make sure it is fair and meets your needs.
- Help you resolve any disputes that may arise under the contract.
Hiring an experienced contract lawyer is an investment in your future. It can save you time, money, and headaches down the road.