Quantum Meruit
Have you ever heard of the term “quantum meruit?” It’s Latin for “as much as is deserved.” As a Delaware business attorney, I’ve had many clients who performed a service for someone, didn’t get paid, and I had to file a lawsuit to recover the amount owed. In many instances, there was a written contract or oral contract. However, sometimes there simply wasn’t a contract, or if there was a contract, it wasn’t enforceable for some reason. Fortunately, the courts recognize that the absence of a contract doesn’t necessarily prevent a person who has performed a service from collecting money from the person who benefitted from the service.
In Delaware, in order to win a lawsuit based on quantum meruit, you have to prove 4 things: (1) you provided or performed a valuable service; (2) the service was provided to the defendant (the person you are suing); (3) the service you provided was requested by the defendant and accepted by him; and (4) the services were provided by you under circumstances that put the defendant on notice that you expected him to pay for your services.
Based on principals of fairness, the concept of quantum meruit recognizes that a person would be “unjustly enriched” if he were permitted to receive a benefit such as labor or materials and not pay for it.
In determining the amount of money you should receive based on quantum meruit, the court doesn’t look at the value of the benefit that the defendant received as a result of your services. Instead, the court looks at the reasonable value of the services you provided.
